Noble v. City of Richmond

Citations

• 31 Va. 271
• 31 Am. Rep. 726

Syllabus

<p>1. A municipal corporation, which, hy its charter, has the power to lay out, improve, light, and keep its streets in order, is liable in damages at the suit of an individual who sustains injuries by reason of the neglect of said corporation to keep its sti-eets in a proper and safe condition.</p> <p>2. This rule applies to municipal corporations proper; but queers if it applies to quasi corporations, such as counties, townships, and ISTew England towns, unless they are so declared to be liable by some statute.</p> <p>3. The grant of power, in the charter of a city, to the council, to lay out, improve, light, &c., its streets, is a grant to the corporation, and is of such a character as to prevent its exercise by any other person or body.</p> <p>4. The action cannot be maintained solely on the defect or want of repairs in the street or sidewalk, but the plaintiff must allege and prove that the corporation had notice of such defects, (which notice may be implied), and that he was injured either in person or property in consequence of such defects in such street or sidewalk.</p>