City of McCook v. Parsons

• Decision Date: 20 June 1906
• Docket Number: 14,346
• Citation: 108 N.W. 167,77 Neb. 132
• Parties: CITY OF MCCOOK v. ROSELAND PARSONS
• Court: Nebraska Supreme Court

108 N.W. 167

77 Neb. 132

CITY OF MCCOOK v. ROSELAND PARSONS

No. 14,346

Supreme Court of Nebraska

June 20, 1906

ERROR to the district court for Red Willow county: ROBERT C. ORR JUDGE. Reversed.

REVERSED.

J. S LeHew and Boyle & Eldred, for plaintiff in error.

Starr & Reeder, contra.

JACKSON C. DUFFIE and ALBERT, CC., concur.

OPINION

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 lunch room and the residences of railroad employees 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 six feet south of the south line of Railroad street. The space between the park and 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 six 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 employees, a three foot plank walk extending from the platform on the south line of side of the depot to a point seven 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 employees were under instructions from the company to maintain this walk and bridge in good repair. On the southeast corner of the second block, immediately north of the depot grounds, is the National Hotel, of which, at the time the accident occurred, the defendant in error was proprietor. One of the passenger trains over the Burlington road was due at McCook shortly after midnight. Defendant in error...