Reports of cases decided in the Supreme court of the state of North Dakota, Volume 24

• Format: Text
• Language: unknown
• Published: North Dakota State Library
• Subjects: Politics & Government; Humps; Nordland
• Online Access: http://cdm16921.contentdm.oclc.org/cdm/ref/collection/p16921coll3/id/26437

60b 24 NORTH DAKOTA REPORTS to the Ladies’ Aid, at Mrs. Johnson’s, on the East side. Mrs. Nordland was with me. We remained over there till about between 6 and 7 then we came back and came to Mr. Nordland’s tailor shop. We must have remained there until after 7 o’clock sometime. It must have been about 15 or 20 minutes past 7 when we started home. We started directly home. When we reached this board walk I slipped and fell. I traveled over this walk on my way down town on the after noon of the 5th. I didn’t just measure to see how much loose snow there ~ was there, but there wasn’t more snow than could be shifted off when I fell. There was about, maybe 5 or 6 inches of loose snow standing on the sides of the walk. That day it was snowing partly in the forenoon. It was snowing quite a good deal in the forenoon or in the morning. I remember it had been snowing the day before. I couldn’t just remem ber whether it was blowing the day before. It was not very cold in the forenoon. I think it was colder the day before. On the forenoon of this day it wasn’t just pleasant because it was snowing. I couldn’t just remember whether it was falling in large flakes. I started down town about 3 o’clock in the afternoon, and went over to the Ladies’ Aid Society. As I was going down town my attention was particularly attracted to this piece of walk by the ice that was there. I noticed the ice was rough as it always was. I was acquainted with this con dition before. I had gone down town several times within the weeks before that. During -all of that time I had found the condition of that walk to be rough. This condition was the same all over the walk. I mean from the alleyway clear back to First avenue,—to First avenue crossing the switch on the railroad track. During all of this distance the snow and ice was in that bad condition that I speak of. Along the wooden walk was always bad. That is something like—I presume something like a hundred feet. It might be only 40 or 50 feet, I couldn’t just remember. I saw the condition of that walk before this loose snow went on it the Sunday before the accident. The accident happened on Wednesday. We were out for a walk the Sunday before; my husband and Mr. and Mrs. Nordland. We walked down over this piece of walk. On Sunday I noticed that it was humps and hollows and rough. I noticed it at that time as being in that condition. My -attention was called to it because we always had to walk there and we always had to be careful. We always had to be careful as we walked