holding that “[t]he court is charged legislatively by this favored procedure to determine the legal significance of the undisputed facts”
How later courts described this case
- holding that “[t]he court is charged legislatively by this favored procedure to determine the legal significance of the undisputed facts”
- “Clearly, the use of the public facility by the plaintiff and all pedestrians has social utility.”
- “A review of the jurisprudence reveals that the appellate courts have resolved on motions for summary judgment the issue of whether a condition presented an unreasonable risk of danger.”
Written by the judges who cited it.
The opinion
DREW, J.,
dissenting.
_JjAs this appears to me to be a comparative liability case, I must respectfully dissent.