Gordon v. City of Richmond

Citations

• 83 Va. 436
• 2 S.E. 727
• 1887 Va. LEXIS 89

Syllabus

<p>1. City of Richmond&emdash;Charter&emdash;Liability&emdash;Passer&emdash;Ordinary care.&emdash;It' is the duty of a municipality, which by its charter has the power to-keep its streets and sidewalks in a safe condition, and this applies to the city of Richmond under its charter. Orme v. Richmond, 79 Va. 86. Passer has a right to presume the streets and sidewalks to be in-safe condition, and is not required to be observant of their condition. And though he has actual knowledge of their bad condition, their use-by him is not per se negligence, and does not impose on him the exercise of extraordinary care.</p> <p>2. Idem&emdash;Contributory negligence&emdash;Burden of proof.&emdash;Where the city, in, suit for injury from defective sidewalk, relies on the defence of contributory negligence, the burden of proof lies on it, but such negligence-may be proved by circumstances.</p> <p>3. Instructions&emdash;Reversible errors.&emdash;Refusal to give instructions rightly propounding the law and applicable to the case, and giving instructions that are obscure and calculated to mislead the jury, are reversible-errors.</p>