(DOWNLOAD) "Stewart v. Standard Publishing Co." by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Stewart v. Standard Publishing Co.
- Author : Supreme Court of Montana
- Release Date : January 09, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Personal Injuries ? Cities and Towns ? Icy Sidewalks ? When Abutting Owner Liable in Damages ? Constitutional Law. Constitutional Law ? Courts ? Rights of Person to Speedy Remedy for Personal Injury ? Meaning of Provision. 1. The provision of the Constitution (sec. 6, Art. III) that courts shall be open to every person, and a speedy remedy afforded for every injury of person, etc., is addressed to the courts and means no more than that the courts must be accessible to all persons alike and afford a speedy remedy for such injuries as the law recognizes as actionable. Cities and Towns ? Personal Injuries ? Icy Sidewalks ? Action for Injury ? Constitutional Law. 2. Under the above construction of section 6, Article III, of the Constitution, argument that, since the enactment of Chapter 132, Laws of 1929, relieving cities and towns from liability for injuries sustained by a fall on an icy sidewalk, such person would be deprived of his constitutional right to have a remedy if the abutting owner be not held liable, held not meritorious. Same ? Negligence ? Person Assuming to Discharge Duty of Another ? Liability for Neglect of Duty. 3. Where a person voluntarily assumes to discharge a duty imposed upon another he must discharge it in such a manner that those who act on the supposition that the duty was properly performed shall not suffer loss or injury by reason of negligent failure so to perform it. Same ? Case at Bar. 4. Under the last above rule held, in an action to recover for personal injuries by a fall on a city sidewalk caused by an accumulation of ice and snow thereon against the owner of the abutting property, that though the city was primarily chargeable with the duty of keeping the streets, including the sidewalks, in a reasonably safe condition for travel, where the abutting owner had constructed the walk and had assumed the duty of removing therefrom accumulations of ice and snow, he was properly held liable for the injuries.