Rollins v. City of Winston-Salem
Supreme Court of North Carolina
Appeal by plaintiff from Lane, J., at the September Term, 1918, of Forsyth. This is an action to recover damages for personal injury caused, as ■the plaintiff alleges, by the negligence of the defendant. On the night of 7 October, 1917, the plaintiff, while walking' on the .sidewalk on the right-hand side of Liberty Street, going north, stumbled •over a fire hydrant, injuring her left arm.
Read the full summary
Appeal by plaintiff from Lane, J., at the September Term, 1918, of Forsyth. This is an action to recover damages for personal injury caused, as ■the plaintiff alleges, by the negligence of the defendant. On the night of 7 October, 1917, the plaintiff, while walking' on the .sidewalk on the right-hand side of Liberty Street, going north, stumbled •over a fire hydrant, injuring her left arm. The hydrant was about 26 inches high and was within 7 inches of the outside curb, the hydrant itself being 8% inches thick, making the side of the hydrant farthest from the outside of the curb 15% inches.…
1Opinion of the Court
AíleN, J.
It is tbe duty of tbe municipal corporation to maintain its streets and sidewalks in a reasonably safe condition, and a failure-to do so is negligence, wbicb subjects tbe corporation to liability for injuries proximately resulting therefrom. Sehorn v. Charlotte, 171 N C., 541.
In tbe performance of tbis duty, wide discretion is given to tbe governing authorities, and tbe courts are loath to interfere with its exercise, and will usually decline to do so unless it is grossly abused or is-oppressive. Small v. Edenton, 146 N. C., 529; Rosenthal v. Goldsboro, 149 N. C., 135.
It is not an…
2Cases cited6 opinions
- Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
- Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899
- Small v. Councilman of EdentonSupreme Court of North Carolina · 1908
- White v. City of New BernSupreme Court of North Carolina · 1907
- Horner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re Appeal of ParkerSupreme Court of North Carolina · 1938
- Watkins v. City of RaleighSupreme Court of North Carolina · 1939
- Houston v. City of MonroeSupreme Court of North Carolina · 1938
- Harden v. City of RaleighSupreme Court of North Carolina · 1926
- Ferguson Ex Rel. Ferguson v. City of AshevilleSupreme Court of North Carolina · 1938
14 more not listed; retrieve them via the Exa API.