UNITED STATES SUPREME COURT DECISIONS ON-LINE

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the causeway as a street and assumed such a control of the locus in quo as to incur a liability for its condition was withdrawn from the jury, and the court instructed them that if the injury was caused by the absence of such a guard or protection, the city was liable.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.