Anderson v. Mayor of Wilmington

Citations

• 18 Del. 28
• 2 Penne. 28
• 43 A. 841
• 1899 Del. LEXIS 4

Syllabus

<p>Case—Personal Injuries—Obstruction in Street—Duty of City— Duty of Traveler—Riding at Unlawful Rate of Speed—Negligence— Contributory Negligence—Proximate Cause.</p> <p>1. The city has a right to block off a street for the comfort and well being of sick residents, but it is the duty of the city when doing so, to so place and mark the obstruction as to properly guard the public safety, and give reasonable notice that the danger is there. And in proportion as the character of the obstruction is not manifest, the duty on the part of the city becomes the more imperative to plainly make known its existence.</p> <p>2. The traveler is not bound to hunt for obstructions or pitfalls in the public streets. He has a right to presume that the city has done its duty and that the streets are in a reasonably good condition. But it is the duty of the traveler to proceed on said streets at a lawful rate of speed, and in the reasonable exercise of all his faculties.</p> <p>3. If the plaintiff, at the time of the accident, was riding on his bicycle at a greater rate of speed than the city regulations permit, and the accident resulted from such excessive speed, he cannot recover, nor can he recover if at the time of the accident, he had his head down and was not looking or otherwise using ordinary care. And he will not be entitled to recover if his negligence contributed proximately to the injury, even though the city had been negligent in the matter.</p>