Klein v. City of Dallas

Citations

• 71 Tex. 280
• 8 S.W. 90
• 1888 Tex. LEXIS 1136

Syllabus

<p>1. Liability of City for Dangerous Streets, Etc.— When a city has a charter with defined powers, the law imposes the duty of faithfully exercising them; and it gives an action to any person injured by a negligent failure of such duty. (Galveston v. Posnainsky, 62 Texas, 118.)</p> <p>2. Same—Dallas.—By the charter.of the city of Dallas, the city was given control of its streets, sidewalks, sewers, etc. Its ordinances recognized Pacific avenue as a street. A sidewalk about six feet wide on this street is separated from the street by a ditch from three and a half to four feet deep, with perpendicular bank next the sidewalk. Oh a night in December, about eight or nine o’clock, plaintiff, passing along the. sidewalk in the dark, fell into the ditch and broke his leg. In suit for damages, held:</p> <p>(1) Error to instruct the jury to return a verdict for defendant unless they found from the testimony that the defendant had constructed the sidewalk and ditch.</p> <p>(2) If the sidewalks, by whomsoever constructed, became dangerous to the traveling public, the corporation was bound, to repair them.</p> <p>(3) A neglect to repair after notice of the defect would be a cause of liability in favor of one injured thereby.</p> <p>(4) By notice is meant actual or constructive. The latter exists if the corporation, by the exercise of ordinary diligence, could have discovered the defect in time to have made the necessary repairs before the injury, and, is inferred by the circumstances by the jury.</p> <p>3. Same—Notice.—If a city constructs a sidewalk in which are visible defects, no further notice is needed.</p> <p>4. Same.—The mere existence of a dangerous sidewalk would not raise the presumption that it was known to the city authorities. The city would not be liable for the act of a wrong doer rendering the street or sidewalk dangerous until notice be brought home to the city authorities of such condition.</p>