City Council v. Shields

Hall, Judge.

The question presented by the petition was whether a municipality could be held liable for negligence in knowingly permitting the existence of a driveway, constructed by the abutting owner through a four and one-half foot bank, on the city’s unimproved right of way, when the walls enclosing the driveway were four feet high adjacent to the pavement and obscured from the view of vehicular traffic a nine-year-old boy lying face down on a sleigh, who was hit by a motorist after coasting down the driveway and onto the pavement, and the municipality had knowledge that children played in…