McAllister v. City of Bridgeport

Supreme Court of Connecticut

McAllister v. City of Bridgeport

46 A. 552, 72 Conn. 733, 1900 Conn. LEXIS 147

DecidedJanuary 18, 1900

StatusPublished

This text of 46 A. 552 (McAllister v. City of Bridgeport) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McAllister v. City of Bridgeport, 46 A. 552, 72 Conn. 733, 1900 Conn. LEXIS 147 (Colo. 1900).

Pincite

Opinion

Per Curiam.

The finding furnishes no foundation for the plaintiff’s claim that the defendant had constructive notice of the condition of the sidewalk at the time of the accident.

Her contention is that § 376 of the ordinances of the city of Bridgeport makes it the duty of the street commissioner to remove ice, snow and sleet, from the sidewalks of the city, and therefore he is bound to know their condition. If this be so, it avails the plaintiff nothing, because the ordinance in *734 question casts no duty of removal upon the street commissioner unless the ice or snow has been upon the walk for at least six hours, a period which in this case had not expired at the time of the plaintiff’s accident, as the court expressly finds.

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Per Curiam.

The finding furnishes no foundation for the plaintiff’s claim that the defendant had constructive notice of the condition of the sidewalk at the time of the accident.

Her contention is that § 376 of the ordinances of the city of Bridgeport makes it the duty of the street commissioner to remove ice, snow and sleet, from the sidewalks of the city, and therefore he is bound to know their condition. If this be so, it avails the plaintiff nothing, because the ordinance in *734 question casts no duty of removal upon the street commissioner unless the ice or snow has been upon the walk for at least six hours, a period which in this case had not expired at the time of the plaintiff’s accident, as the court expressly finds.

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Bluebook (online)

46 A. 552, 72 Conn. 733, 1900 Conn. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcallister-v-city-of-bridgeport-conn-1900.