59 Neb. 634 | Neb. | 1900
Marie T. Pirner fell through a coal-hole in the sidewalk on P street in the city of Lincoln, and as a result of the accident sustained injuries, for which she was awarded damages in an action brought against the city in the district court of Lancaster county. The purpose of this proceeding is to secure a reversal of the plaintiff’s judgment. The defendant, claims exemption from liability under the following provision of its charter: “It is hereby made the duty of all real estate owners and, occupants to keep the sidewalks along the side 'or in front of the same in good repair, free from snow, ice and other obstructions, and they shall be liable for all damages or injuries occasioned by reason of defective condition of any sidewalk.”- The claim that this provision relieves cities of the class to which it relates from the duty of maintaining their sidewalks and keeping them safe and fit for use was fully considered in City of Lincoln v. O’Brien, 56 Nebr., 761, and decided adversely to the contention of the defendant.
It is next contended that the court erred in charging the jury on the subject of constructive notice. The law undoubtedly is, as claimed by counsel for defendant, that
The only other assignment of error which we shall notice challenges the legal sufficiency of the statement, or account, of the accident filed by the plaintiff in the office of the city clerk. The statute provides that “to maintain an. action against said city for any unliquidated claim it shall be necessary that the party file in the office of the city clerk, within three months from the time such right of action accrued, a statement giving full name and
Affirmed.