Beach v. City of Phoenix

(retired), dissenting:

I respectfully dissent. The majority has in effect held that with respect to pedestrians, a municipality may, with impunity, permit an obstruction to exist on a public sidewalk indefinitely, no matter what mischief may be proximately caused thereby, so long as the obstruction itself is obviously dangerous. As this dissent will demonstrate, the law does not permit such callous lack of concern for the safety of the traveling public.

The relationship of a city to users of its public ways is not that of landowner and invitee, but rather that of a trustee for the use and…