Young

Young v. N. P. Severin Co.

Good Law
5 Alaska Fed. 806·79 F.2d 884·1935 U.S. App. LEXIS 4297
United States Court of Appeals for the Ninth CircuitNovember 15, 1935No. 7596California2,058 words

Opinion

Lead Opinion

Wilbur, J.

This is an action for damages for personal injuries to a child nine (nearly ten) years of age at the time of an accident. She tripped over an iron bar lying, in a street and broke her arm. The defendants are copartners engaged in the erection of public buildings, and at the time of the accident were engaged in constructing a reinforced concrete building for the federal government in the city of Juneau, Alaska.

Appellant alleges that the sidewalks on this block of Fifth street were so completely blocked that pedestrians were compelled to walk in the street; that the street was covered with building material to such an extent as to make it dangerous for pedestrians to pass over it; that the street was not fenced off but was left open to travel,; that the defendants placed no warning signs and did nothing to warn the public of the dangerous condition of the street; *808 that the plaintiff had occasion to pass over this section of Fifth street, and while in the exercise of due care not knowing the dangerous condition of the street, “she tripped on a piece of iron left on the street by the defendant and fell to the ground,” and broke both bones in the left forearm, leaving the arm…

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