City of Richmond v. Mulholland

The appellee recovered damages for personal injuries resulting from a negligent breach of duty on the part of the appellant in failing to keep one of its streets safe for ordinary travel.

The appellant’s counsel rests his case upon the proposition that the appellee has no right of action because he was guilty of contributory negligence. If he is right, then the judgment must be reversed.

A municipal corporation is not an insurer .of its streets, but it is bound to use ordinary care and diligence to keep them in a reasonably safe condition. The law presumes that this duty has been performed, and…