Hunt v. City of High Point
Supreme Court of North Carolina
Appeal by plaintiff from Sinh, J., 3 August, 1945, of Guileoed. Tbis is an action to recover damages for tbe personal injury and death of plaintiff^ intestate through tbe alleged negligence of tbe defendant municipality in failing to provide Landrails or guards, or to sufficiently light a bridge, part of the city street, constituting a danger to life and limb of those traveling thereupon, or to provide other appropriate means of protection.
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Appeal by plaintiff from Sinh, J., 3 August, 1945, of Guileoed. Tbis is an action to recover damages for tbe personal injury and death of plaintiff^ intestate through tbe alleged negligence of tbe defendant municipality in failing to provide Landrails or guards, or to sufficiently light a bridge, part of the city street, constituting a danger to life and limb of those traveling thereupon, or to provide other appropriate means of protection. The bridge, it is alleged, was over a creek or ravine running through that part of the city, and plaintiff’s intestate, attempting to cross it in the…
1Opinion of the CourtSeawell, J.
In no other of its aspects is the doctrine of “governmental immunity” more widely challenged than in its application to dangerous conditions in the streets created by defects of construction. Speaking of the rule of liability now prevailing in the majority of the states, McQuillin on Municipal Corporations, Revised Vol. 7 (1945), sec. 2901, has this to say:
“Apart from statute, late decisions in a majority of the states affirm implied municipal liability to private action for injuries resulting from defective public ways. In other words, the right to recover against a city for actionable…
2Cases cited26 opinions
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Fitzgerald v. Concord.Supreme Court of North Carolina · 1905
- Millar v. Town of WilsonSupreme Court of North Carolina · 1942
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- Willis v. . New BernSupreme Court of North Carolina · 1926
21 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rhodes v. City of AshevilleSupreme Court of North Carolina · 1949
- Blackwelder v. City of Winston-SalemSupreme Court of North Carolina · 1992
- Carter Ex Rel. Clap v. City of GreensboroSupreme Court of North Carolina · 1959
- Colombo v. DorrityCourt of Appeals of North Carolina · 1994
- Gentry v. Town of Hot SpringsSupreme Court of North Carolina · 1947
8 more not listed; retrieve them via the Exa API.