Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 74

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 74

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...resulting from a defective or unsafe condition existing at the date of the demise. Wells v. Ballou, 201 Mass. 244; Hill '. IIa_1/es, 199 Mass. 411; Matthews V. DeGrofl, 43 N. Y. S. 237; ('alder V. Smalle-31, supra. From these and other authorities, we find the general rule _ to be that, although the owner is authorized to maintain an opening in the sidewalk. he is liable to the exercise of reasonable care and diligence in making and keeping the same in a safe condition. McGa_'figan v. Boston, 149 Mass. 289; Lealzan '. (-'oellran, 178 Mass. 566; Hill V. Hayes, 199 Mass. 411; Wells '. Ballou, supra; Irvin '. Wood, supra; Trustees v. Foster, supra: Denrer '. Dean, 10 (.701. 375; Drake v. Kansas ('1'f_/. 190'.lo. 370; ll1eLauglil1'n '. Kelley, supra; 1 Elliott on Roads and Streets 902; Joyce on Nuisances 231. 232; I)1'eI: s0u '. Ilnllisler, l23 Pa. 421. Nor is actual knowledge by him of an existing defect in the vault or its covering essential to liability. It is sufiicient if by the exercise of reasonable diligence he could have known of the dangerous condition. Gillis '. Light ('0., 202 Mass. 222; ('alder v. Smalley, 66 la. 2l9; Anderson '. Dickie, 1 Robt. 238: Latell V. ('unm'nglmm, 142 N. W. (Minn.) 141; Chicago v. Ja-rm's, 226 Ill. (H4; Ha/es '. Seattle, 43 Wash. 5QO, 7 L. R. A. N. S. 424. See also I'em'2'n_(/ '. Boston, 206 Mass. 327, and valuable note 19 Ann. Cas. 464. As said in Timlin v. Oil Co., 126 N. Y. 525, even if the owner did not create the defective condition, yet "if to his knowledge it exist on his premises at the time of the demise, and is of a character dangerous to the pub lic or an adjoining owner, or if he were in truth ignorant and yet by the more

Product details

  • Paperback | 332 pages
  • 189 x 246 x 18mm | 594g
  • United States
  • English
  • black & white illustrations
  • 1236949285
  • 9781236949288