City of Roswell v. Davenport

Citations

• 14 N.M. 91
• 89 P. 256

Syllabus

<p>■SYLLABUS (BY THE COURT).</p> <p>1. A municipal corporation, guilty of negligence in maintaining a defective and dangerous sidewalk, ‘is responsible for an injury caused thereby, notwithstanding the person injured was at the time suffering from a disease which aggravated consequences of such injury.</p> <p>2. A general verdict will not ibe set aside unless the special findings returned therewith can not ibe reconciled with the same and in this case the special findings considered and held not to overturn the general verdict.</p> <p>3. Evidence of the generally unsafe condition of a sidewalk is evidence tending to charge .a municipal corporation with, constructive notice of the particular defect causing the injury.</p>