Frances McFarlane, Respondent v. City of Niagara Falls, Appellant

Summary

The Court held that when a nuisance arises from a municipality's negligent maintenance of a public walkway, the plaintiff cannot escape liability by claiming contributory negligence; the plaintiff must exercise reasonable care proportionate to the danger, and contributory negligence may bar recovery. The trial court's instruction that contributory negligence was immaterial was erroneous, so the judgment was reversed and a new trial granted.