Fisk v. Town of Redding
Plaintiff was injured when he climbed over a guardrail and stepped off a retaining wall without a fence atop of it. He subsequently, sought damages from the defendant town of Redding alleging the wall was an absolute public nuisance. The court held that the jury’s response to the first interrogatory, that the condition was inherently dangerous, was fatally inconsistent with its response to the third interrogatory, that the defendant’s use of the land was not unreasonable. Thus, granting the plaintiff a new trial.