McCoull v. City of Manchester

Citations

• 85 Va. 579
• 2 L.R.A. 691
• 8 S.E. 379
• 1888 Va. LEXIS 72

Syllabus

<p>1. Municipal Corporations—Negligent Injuries—Instructions.—Duties imposed by charter cannot be annulled by ordinance. Instructions that obstructions, whereby the injuries were done plaintiff, were building materials placed in street under such ordinance, and that the ordinance was a defence against his action, and relieved city from its charter-duty to keep its streets safe, and, where necessary, to have lights and signals to warn travellers of temporary and necessary danger, are erroneous.</p> <p>2. Idem—Case at Bar—Instructions.—Where plaintiff was riding his horse prudently, with others, along the principal street of defendant, when the horse struck a large pile of sand, fell, broke its neck and badly bruised the rider, the instruction asked at the trial by plaintiff, and quoted in the opinion, was proper, and should have been given.</p> <p>3. Idem—Case at Bar—Notice—New Trial.—Under the circumstances aforesaid, and where the defendant had express or implied notice of the obstructions;</p> <p>Held:</p> <p>The plaintiff’s motion to set aside the verdict in favor of the defendant, should have been sustained, and a new trial granted.</p> <p>4. Declarations—Functions.—A declaration which states a cause of action so that it could be understood by the party who is to answer it, by the jury who are to ascertain the truth of the allegations, and by the court who is to give judgment, and which distinctly sets forth when, where, in what manner and under what circumstances the plaintiff was injured by the defendant’s defaults, negligence and improper conduct, is sufficient. Jones v. Old Dominion Cotton Mills, 82 Va. 140.</p>