Carswell v. Mayor of Wilmington

Citations

• 16 Del. 360

Syllabus

<p>Municipal Corporations. Streets.—There is a duty resting upon a municipal corporation to keep its streets reasonably safe for travel, by night and by day, for persons having occasion to use them.</p> <p>Same.—The city has a right to make such excavations therein from time to time, as in its judgment, may be necessary and proper, to lay down culverts, sewers, and such other subservice conduits, as the business, health, convenience and comfort of the citizens may require. But in so doing the city must use all reasonable care, and take every precaution to prevent injuries to travellers along the streets. .</p> <p>Same. —The measure of care in all cases must be proportioned to the dangerous character of the excavation. The rule is, not that the city must do the wisest and the best thing possible, but that it shall exercise such care and caution as a reasonably prudent and careful man would under like circumstances.</p> <p>Same.—Every person lawfully using the streets of a city has a right to presume that that duty has been performed, and that the street is in a reasonably good and passable condition for use, and excavations therein properly guarded both by day and night.</p> <p>Same,—The law imposes a duty upon travellers and persons using the street to use all their senses to avoid danger. If the danger be open and apparent, so that by the ordinary use of the eyesight it may be seen by the traveller, and he recklessly or carelessly rushes into it, the city is not liable.</p> <p>Same. Ordinance. Fire Engine.—The driver of a fire engine is not governed by other rules, than those affecting ordinary travellers on the highway as to racing or going at an immoderate speed. Under the circumstances he has the right of way, but in other respects he is subject to precisely the same rules, that is, in driving he must use his senses, and take reasonable care and caution to avoid danger, and to prevent injury to himself and others.</p> <p>Evidence.—Where the question was, whether