Jones v. City of Sioux Falls

Citations

• 18 S.D. 477
• 101 N.W. 43
• 1904 S.D. LEXIS 85

Syllabus

<p>1. The Supreme Court cannot amend a bill of exceptions, or determine whether respondent was entitled to have the desired matter inserted therein.</p> <p>2. The existence in a plank sidewalk, 6 feet wide, of a hole 17 inches long, 7 inches wide, and 2i inches deep, where one of the planks had broken off at the ehd and been forced downward, at a place where the walk had been repaired 3 months before, and to which the attention of no witness had ever been called, though they had frequently been over the walk, is not enough to charge the city, which had no actual notice of the defect, with negligence.</p>