Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 23

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 23

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... that is required from such municipality is that the walks be made reasonably safe, but that a city need not construct its walks so as to be reasonably safe under all climatic conditions; and appellant seems to consider the court inconsistent in holding the city not responsible for its failure to remove slippery ice, and at the same time requiring it to provide against such climatic conditions in the construction of its walks. We fail to see any inconsistency in such a position. The municipality is not liable on account of dangerous places forming through some storm, where the cause of the danger is not the condition of the walk prior to such storm, and such municipality only becomes liable undei the above circumstances when, after actual notice of the dangerous condition, or lapse of such time as will cause notice to be imputed to it, it allows the dangerous condition to remain, so that in this case, unless the slant of this approach or the manner of its construction showed negligence in such construction, which negligence consisted in not anticipating and providing against a condition, which, according to natural laws, was certain to arise, the defendant would not be liable herein. It is the contention of the appellant that the municipality in erecting this approach was not bound to take into consideration climatic conditions. There seems to be great conflict in the authorities, but it would seem that a few illustrations will show that the trial court was right, and that its instructions have reason and common sense to support them. A person might be guilty of no negligence in erecting a structure in a dense wood where the wind could never reach the same, and yet the same method of construction employed in an exposed situation might more

Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • United States
  • English
  • black & white illustrations
  • 1236868323
  • 9781236868329