Russell v. . Monroe

The law imposes upon the mayor and commissioners of incorporated towns the imperative duty of "keeping in proper repair the streets and bridges of the town" (The Code, sec. 3803) and for a failure to fulfill its requirements they may subject themselves to criminal liability. S. v.Commissioners, 15 N.C. 345. The testimony fully warranted the jury in finding that the governing authorities of the town were negligent in leaving open a ditch three feet deep at the point where it crossed a part of the sidewalk, for sufficient space (two and a half by four feet) to admit the body of a person (727)…