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Remesz v. City of Glasgow

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eBook details

  • Title: Remesz v. City of Glasgow
  • Author : Supreme Court of Montana
  • Release Date : January 05, 1934
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Personal Injuries ? Cities and Towns ? Defective Crosswalks ? When City Liable, When not ? Constructive Notice ? When Jury Question ? Excessive Verdict ? Appeal. Personal Injuries ? Cities and Towns not Insurers Against Accident ? Defective Crosswalks ? When Liability for Damage Arises. 1. A city is not an insurer against accidents upon its sidewalks or crosswalks; it must, however, use reasonable effort to keep them free from defects and dangerous obstructions, and if it fails or neglects to do so it is liable for any damage which is the proximate result of such failure or negligence if it had, or in the exercise of reasonable care should have had, notice of their existence. Same ? Generally Cities not Liable for Slight Defects in Streets ? When Chargeable With Notice. 2. Where an accident happens on a city crosswalk by reason of a slight defect from which danger was not reasonably to be anticipated and which, according to common experience, was not likely to happen, it is not chargeable with negligence, and it cannot be charged with notice thereof unless it was so obvious as to attract attention of passers-by or unless it had actual notice.


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