Helen Maloney v. City Grand Forks Book Reviews

Helen Maloney v. City Grand Forks by Supreme Court of North Dakota Book Summary

This is an action to recover for injuries received while walking on a sidewalk. The jury found for the plaintiff. A motion for judgment notwithstanding the verdict or for a new trial was denied. Judgment was entered for the plaintiff and from the order denying judgment notwithstanding the verdict and denying a new trial and from the judgment entered defendant appeals. The question is narrowed to one general issue -- is any liability of the city shown? The material facts bearing on this question are: The plaintiff in walking in a southerly direction on South Fourth Street on January 1, 1942, stubbed her toe on a cement slab of the sidewalk and fell, sustaining severe injuries. The sidewalk is one over which there is a great deal of travel, and consists of four lines of cement slabs, each slab approximately eighteen inches square. One edge of one of the middle slabs had risen above the level at right angles to the sides of the walk. The flare had a northern exposure and was about an inch high at one end and approximately an inch and a quarter at the other. One witness for the plaintiff estimated it slightly higher. The owner of the abutting property repaired the defect ten to fifteen days after the accident. Two other instances of tripping because of this defect were shown although no injury resulted therefrom. This defect existed for at least two years. There is a slight difference in the testimony in regard to the height of the elevation but on this appeal we accept the view of the testimony most favorable to the respondent. See De Moss v. Great Northern R. Co. 67 ND 412, 272 NW 506; Pederson v. O'Rourke, 54 ND 428, 430, 209 NW 798, 799; Armstrong v. McDonald, 72 ND 28, 4 N.W.2d 191.

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