[Download] "Carl P. Steward v. City Anchorage" by Supreme Court of Alaska " Book PDF Kindle ePub Free
eBook details
- Title: Carl P. Steward v. City Anchorage
- Author : Supreme Court of Alaska
- Release Date : January 01, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
DIMOND, Justice. Appellant was injured when he tripped and fell over a stub of a broken sign post protruding from a sidewalk in the City of Anchorage. He brought suit against the City on a claim of negligence and was awarded judgment. On appeal, we reversed the judgment and remanded the case for a new trial because of the trial court's erroneous view of the law of contributory negligence. 1 A new trial was held. At its Conclusion the court found that the City had been negligent in its failure to remove the pipe stub, but that appellant's claim was barred by his own contributory negligence. On this appeal appellant cites five specifications of error. Taken together, they present one basic issue: whether the trial court's finding that appellant was contributorily negligent was clearly erroneous. On January 18, 1960, at about 9:00 a. m., appellant left the Frisco Cafe on 4th Avenue in Anchorage and started across the sidewalk to reach his car which was parked at the curb. Before reaching the curb appellant stumbled and fell over a broken sign post stub. The stub was about two and one-half inches in diameter and protruded from two and one-half to three inches above the snow covered sidewalk. It was visible from a distance of about ten feet, and was located about eleven feet from the cafe and ten to twelve inches from the curb. There was nothing to obstruct appellant's vision between the Frisco Cafe and the curb. As appellant crossed the sidewalk he directed his attention to a vehicle approaching from his left, since he intended to step into the street and walk in front of his car to enter it from the street side. Photographs taken by appellant on the day following the accident show packed snow and ice along the curb which slanted sharply from the sidewalk surface to the street.