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/26439

608 24 NORTH DAKOTA REPORTS could not just say where the iee was when the snow was on top. You could not see as well where to put your feet. The path went down the center of the walk. I could not say how high the sides of it were packed on the walk. It was 4 or 5 inches. It was worse some places when it started to blow a little. There were not very high drifts. Coming back that evening, I realized when I reached the end of this plank walk. I knew that I was stepping on the plank walk when I stepped out of the alleyway. We were not talking. Mrs. Nordland was ahead going home. The first remembrance that I have of trouble what called my attention to the trouble that was coming—I felt I slipped on the ice and fell. I was conscious of how I fell. I fell to the street. . . . The ice was in the path then I was knocked ofi from that. There was no ice packed down in the path to amount to anything. I didn’t pay much attention that night as to what was on the bottom of the path, but I noticed after I had slipped, when I sat there. I was sitting there before we could get somebody to help me up, sitting there and kind of looking around to see and I noticed the ice. I saw the ice. I could see it plainly where I had fallen. I scraped the snow ofi there. I looked at it enough to see that there was ice there. I saw that there was ice there, and that was all. I felt that I slipped on one of those humps. I could feel it when I fell. When you walked along there you could feel those humps under your feet, and I felt that and was conscious of those humps before I fell. I was conscious of those humps the moment I stepped onto the walk. Those lumps that were on there were the result of people’s feet cutting through on that soft, wet slush on that Sunday and freezing in that condition. There was some cold weather between Sunday and Wednesday. It was colder than it was on Sunday. It was quite mild Sunday. It was not so mild Monday night as it was Sunday, and it got gradually colder, so on Wednesday evening, when I was hurt, it had frozen quite hard. It got colder Monday. When I went down town on the evening of Wednesday, it was quite frozen. The nearest street light to the place where I fell is—we1l, there is a street light on the corner of Fifth and Kittson avenue, and there is another where the beginning of Walnut street is, I think. I was about center way between the two lights. On Sunday it was soft, so it was water in the hollows. No, there was no water, just flattened out. On Sunday the snow and ice was partly