Bohl v. City of Dell Rapids

Citations

• 15 S.D. 619
• 91 N.W. 315
• 1902 S.D. LEXIS 61

Syllabus

<p>1. Where in an action for injuries, there is no conflict in the evidence, the question of negligence is for the court.</p> <p>2. On a motion for a directed verdict at the close of plaintiff’s evidence, such evidence will be taken as true, and be given the most favorable construction for plaintiff that it will bear.</p> <p>3. Where at the junction of a street corner of a wide and a narrow sidewalk, elevated several feet, an open space was left within the angle, in the absence of charter or statutory requireinents the city was under no obligation to maintain guard rails around such open space to prevent travelers from stepping off in making the turn.</p> <p>4. In absence of charter or statutory requirements, a city is under no obligation to keep its streets lighted, though it has the appliances therefor.</p> <p>6. Where one familiar with a dangerous place in a sidewalk at a street crossing, and with such defect in mind at the time, attempted, on a dark night, when the street lamps were not lighted, to go down such sidewalk instead of going down the middle of the street, as she might have done, she was guilty of such contributory negligence as would bar a recovery for injuries caused by a fall from the sidewalk.</p>