Jenkins v. Mayor of Wilmington

Citations

• 28 Del. 471
• 5 Boyce 471
• 94 A. 768
• 1915 Del. LEXIS 29

Syllabus

<p>1. Municipal Corporations—Defect in Street—Depression in Crossing—Negligence.</p> <p>A depression worn in a flagstone crossing about one inch deep and about the size of an ordinary writing tablet, where water would lie from rain or melting snow, was not sufficiently dangerous to charge defendant city with negligence in allowing it to remain for four years under ordinary circumstances.</p> <p>2. Municipal Corporations—Depression in Crossing—Snow and Ice —Notice.</p> <p>Formation of ice in such depression during a general snowstorm, making travel over the crossing dangerous, did not make the city liable for one slipping and falling thereon, unless the city had actual notice of its condition, or unless it had been permitted to remain there a sufficient time to impute notice to and charge the city with the duty of removing it.</p>