Manchester v. Ericsson - 105 U.S. 347 (1881)
U.S. Supreme Court
Manchester v. Ericsson, 105 U.S. 347 (1881)
Manchester v. Ericsson
105 U.S. 347
It is error to withdraw from the jury the determination of a disputed fact in issue. So held where, in a suit against a city for damages sustained by a party who fell at night from a causeway erected within the city limits by an incorporated bridge company, but which was not provided with a proper guard or protection, although it extended from the company's bridge to the level of a street, the question of fact as to whether the city had treated the causeway as a street and assumed such a control of the locus in quo as to incur a liability for its condition was withdrawn from the jury, and the court instructed them that if the injury was caused by the absence of such a guard or protection, the city was liable.
The facts are stated in the opinion of the Court.