Lima (City) v. Allen
Lima (City) v. Allen
Opinion of the Court
Pauline " Allen brought her '.action "against
' First, whether or not the city must have actual notice of the dangerous condition existing to become liable for resulting injuries and,
Second, Whether or not evidence of loss of time and employment by Allen, who was a minor, was prejudicial error. The Court of Appeals held:
1. Rule in this state does not call for actual knowledge of dangerous conditions of streets and walks.
2. Rule is that notice or knowledge must be proven or it existed for such a length of time as to impute notice or knowledge.
3. It was for jury to determine whether the ■ condition existed for such -a length of time as to impute knowledge or notice to the City.
4. Since no objection was made to the introduction of evidence as to loss of time and employment by Allen, the city cannot now avail itself of the question.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.