Town of Virginia Beach v. Ogle

The vital point in this case is whether there was any duty resting upon the appellant to keep the sidewalk in repair when the accident occurred. The alleged breach of such duty is the basis of the action.

It does not necessarily follow that such duty existed if the street in question, whereon the said sidewalk was located, had been accepted by the appellant as a public street (as when the duty in question exists where there has been such acceptance, it is not nécessary in this case to inquire), but the authorities are in accord in holding, and we do not understand that counsel for appellee…