Hal Gilfilen v. City of Seward, a Municipal Corporation

Appellant brought suit against the City of Seward, Alaska, for damages for injuries sustained by him in the month of February 1954 due to a fall on a public sidewalk in that city.

In his complaint he alleged that for a long period of time prior to the date of his fall snow and ice had accumulated upon the sidewalk to such an extent that travel over or upon the walk was insecure and unsafe for pedestrians in that snow and ice had accumulated upon the walk in an irregular shape, and at the time of his fall was packed and frozen, and so elevated, uneven, and ridged as to afford an insecure footing to those walking thereon.

He alleged that the defendant City knew, or by the exercise of ordinary care should have known, of the unsafe condition of the walk, but neglected to remedy the condition. He prayed for damages for his injuries and for the cost of his hospitalization expenses incurred as the result of the fall. He also demanded a jury trial in the cause.

The City answered the complaint, denying the allegations as to the condition of the walk, and alleging affirmative defenses, namely negligence and want of care on the part of the plaintiff. As a further defense it alleged that…