Reports of the Cases Decided in the Appellate Court of Indiana Volume 35

Reports of the Cases Decided in the Appellate Court of Indiana Volume 35

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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. 1906 edition. Excerpt: ...a defect in the sidewalk? Did its presence, as described by the complaint, render the walk unsafe for travel in the ordinary modes? We do not conceive it to be the _duty of a city to erect railings or barriers to prevent travelers from wandering off its sidewalks, unless it is apparent that injury would result. City of Hannibal v. Campbell (1898), 86 Fed. 297, 30 C. C. A. 63; 2 Dillon, Mun. Corp. (4th ed.), 1005; Chapman v. Cook (1872), 10 R. I. 304, 14 Am. Rep. 686; Sparrhawlc v. City of Salem (1861), 1 Allen 30, 79 Am. Dec. 700; Adams v. Inhabitants of N aticlc (1866), 13 Allen 429. A traveler in the dark may chance to wander off of a perfectly constructed and safe sidewalk onto the street, and, in doing so, unexpectedly step therefrom to the street surface, which may be six inches or more below, as indicated by the curb, and be injured, yet it could not be successfully main ' tained that the city would be liable. He might also strike his foot against a natural elevation of the adjacent lot, of two or three inches or more, and thus be thrown to the earth and injured, and yet in such event a city would not be liable. These are dangers that are not reasonably anticipated, and can not be guarded against.. Judge Dillon correctly states the measure of a city's duty in this regard as follows: "A municipal corporation is insurer against accidents upon the streets and sidewalks. Nor is every defect there-in, though it may cause the injury sued for, actionable. It is suflicient, we think, if the streets (which include sidewalks and bridges thereon) are in a rea sonably safe condition for travel in the ordinary modes, by night as well as by day; and whether they are so or not is a practical question, to be determined more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236970608
  • 9781236970602