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: ...appellant to erect barriers and maintain danger-signals, then her complaint does not state a cause of action. The conditions shown by the complaint are: (1) A "large" stone "along the sidewalk, at the edge thereof;" (2) a failure to light the streets as required by ordinance; and (3) its failure to erect a barrier and guard it with a danger-signal. A city is not required to make its streets and sidewalks absolutely safe, for, if this were true, it would become an insurer of the safety of travelers thereon, and such a burden the law does not enjoin. We are confronted with these questions: What was appellant's duty with respect to this stone? Did it constitute 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 ofi its sidewalks, unless it isiapparent 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; Spa/rhawk v. City of Salem (1861), 1 Allen 30, 79-1u. Dec. 700; Adams v. Inhabitants of Natick (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 maintained 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 more

Product details

  • Paperback | 262 pages
  • 189 x 246 x 14mm | 472g
  • English
  • Illustrations, black and white
  • 1236855078
  • 9781236855077