Anderson v. Mayor & Council

Citations

• 22 Del. 485
• 6 Penne. 485
• 70 A. 204
• 1907 Del. LEXIS 58

Syllabus

<p>Personal Injuries—City of Wilmington; Citizen of; Not Disqualified as Juror—Evidence—Negligence—Hole in Street— Liability of City—Notice', Duty of City and Traveler.</p> <p>1. In an action against the city of Wilmington for personal injuries, a citizen is not incompetent to serve as a juror because he is a citizen of the municipality and therefore interested as a taxpayer in any verdict that might be rendered against the city.</p> <p>2. In the trial a physician having testified that he examined the plaintiff and found him suffering from erysipelas, although he did not know what caused the injury, he may be asked whether the erysipelas could have been caused by the injury complained of.</p> <p>3. A physician called for the plaintiff having testified that he made a thorough examination of the plaintiff, after getting a history of the case, and found his right shoulder injured, may be asked whether in his opinion the plaintiff’s arm will ever be in its normal condition again, notwithstanding there is no allegation of permanent injury in the narr.</p> <p>4. If a hole in the street of a city is dangerous to public travel and had so existed for a time before the accident reasonably sufficient for the city to have known of its existence and condition, the law presumes or implies that the city had received knowledge of it, and its failure in a reasonable time after such notice or knowledge to fill or repair the same, or to place about it proper safeguards, would be negligence. The city is not bound for injuries occasioned by holes in the streets resulting from sudden storms or wash-outs, until it has a reasonable time to fill or repair the same, or place proper guards about them.</p> <p>5. The law in respect to negligence stated, and the duty of the city and also of the traveler defined.</p>