Blume v. City of New Orleans

Citations

• 104 La. 345

Syllabus

<p>Syllabus.</p> <p>1. In a suit for damages arising from an obstruction on a sidewalk, suit previously brought in the Circuit Court of the United States had the effect of interrupting prescription, although that court had no jurisdiction ratione personae, plaintiff being a resident of the State of Louisiana.</p> <p>2. Municipal corporations owe it to the public to keep the sidewalks in such a condition that pedestrians who are ordinarily careful will not be exposed to injury.</p> <p>3. When a municipality, vested with the power of maintaining uniform grades of sidewalks, permits one proprietor to raise his sidewalk and lets the grade of the sidewalk in front of the adjacent property remain out of grade for more than a year, and, owing to the abrupt rise of about five Inches at the dividing lines of the two sidewalks (where there was a long shed and no light), an accident happens, the city is liable for damages occasioned to a pedestrian who falls because of the obstruction and injures herself.</p> <p>4. Whatever rights the city may have against the owners of the lots on which the sidewalks are situated, are reserved.</p>