Bailey v. City of Winston
Supreme Court of North Carolina
Appeal from W. J. Adams, J., at March Term, .1911, of Fobsyth. This action was brought by the plaintiff to recover damages for injuries sustained by his falling into an unprotected sewer-ditch, which was being constructed on Liberty Street, within the corporate limits of the city of Winston.
Read the full summary
Appeal from W. J. Adams, J., at March Term, .1911, of Fobsyth. This action was brought by the plaintiff to recover damages for injuries sustained by his falling into an unprotected sewer-ditch, which was being constructed on Liberty Street, within the corporate limits of the city of Winston. The plaintiff alleged that the ditch was not properly guarded and protected on the night that he fell into it and was injured; whereas the defendant averred that it was sufficiently protected, and if plaintiff suffered injury, he brought it upon himself by his own carelessness and negligence, and also by…
1Opinion of the Court
Walkeb, J.,
after stating the case: It appeared that the ditch was 2 feet wide and 9 feet deep, and was so near the path in common use, and in such an exposed position with reference to *255the street, that it became necessary to safeguard pedestrians and others using the sidewalk and street by placing lights or barriers, or both if the situation required them, at or near the excavation, so as to prevent an injury to them by falling into the ditch. The city had the clear right to dig the ditch for the purpose of laying mains or pipes, in the construction of a water or sewerage plant, and to employ…
2Cases cited19 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- City of Logansport v. DickIndiana Supreme Court · 1880
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Fitzgerald v. Concord.Supreme Court of North Carolina · 1905
14 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hairston v. Alexander Tank & Equipment Co.Supreme Court of North Carolina · 1984
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- State v. HartSupreme Court of North Carolina · 1954
- Matternes v. City of Winston-SalemSupreme Court of North Carolina · 1974
- Godfrey v. . Power Co.Supreme Court of North Carolina · 1925
23 more not listed; retrieve them via the Exa API.