City of McCook v. Parsons

• Decision Date: 20 June 1906
• Citation: 77 Neb. 132,108 N.W. 167
• Parties: CITY OF MCCOOK v. PARSONS.
• Court: Nebraska Supreme Court

77 Neb. 132

108 N.W. 167

CITY OF MCCOOK

v.PARSONS.

Supreme Court of Nebraska.

June 20, 1906.

Syllabus by the Court.

A city is not liable for damages sustained by reason of a defective crossing from private property into a public street.

In an action against a city for damages sustained by reason of a personal injury, an instruction from which the jury might infer that the city would be liable for negligently permitting a walk in general use by the public over property not shown to be within the corporate limits of the city to become and remain in a dangerous condition, is prejudicial error.

Commissioners' Opinion. Department No. 2. Error to District Court, Red Willow County; Orr, Judge.

Action by Roseland Parsons against the city of McCook. Judgment for plaintiff. Defendant brings error. Reversed and remanded.J. S. Le Hew and Boyle & Eldred, for plaintiff in error.

Starr & Reeder, for defendant in error.

JACKSON, C.

Roseland Parsons recovered judgment against the city of McCook in an action for damages alleged to have been sustained by reason of falling from a defective walk, and the city brings error.

The station grounds of the Burlington Railroad Company at the city of McCook are approached from the north by Main avenue on the west, and Marshall street on the east. Railroad street extends east and west on the north side of the station grounds. Marshall street terminates on the south side of Railroad street. Main avenue is the principal thoroughfare from the city to the station. The railroad station is at the west end of the depot grounds on a line with the east side of Main avenue. East of the depot is a lunchroom and the residences of railroad employés on the depot grounds. The residences are surrounded by a small railroad park inclosed by a fence. The park extends east to a line about parallel with the center of Marshall street and to a line 6 feet south of the south line of Railroad street. The space between the park and the south line of Railroad street is occupied by a ditch or waterway, running east and west. The distance across the bottom of the ditch at the east end of the park is 6 feet. On the east side of the block, directly north of the depot grounds, a sidewalk extends from the north to a point about 40 feet north of the south line of the block. At the east end of the railroad lawn the company many years ago constructed, and has since maintained, for the convenience of its employés, a 3-foot plank walk extending from the platform on the south side of the depot to a point 7 feet south of the south line of Railroad street. From that point it constructed a bridge extending in a northwesterly direction across the waterway. The bridge is connected with a culvert extending from the north end of the bridge in a northwesterly direction to the end of the sidewalk on the west side of Marshall street. The walk at the east end of the railroad lawn, the bridge across the waterway, and the culvert for one-half the distance across Railroad street, were always maintained, to the time of the accident at least, by the railroad company, whose employés were under instructions from the company to maintain this walk and bridge in good repair. On the southeast...