Orme v. City of Richmond

Citations

• 79 Va. 86
• 1884 Va. LEXIS 63

Syllabus

<p>1. Municipal Corporations—Negligence—Case at bar.—City of R. lowered the grade making a precipice of eight feet at intersection of two streets where there was an old and constantly used pass-way over an adjoining lot into those streets. City had placed barriers at the ends of the streets, but nothing to warn passers along the pass-way. O. ignorant of the precipice and without negligence on her part, at night, walked along that pass-way down into the precipice causing her great damage. In action of case against the city:</p> <p>Held :</p> <p>1. Plaintiff is entitled to her action against city for damages, and court below erred in sustaining demurrer thereto.</p> <p>2. Municipal corporations, in discharge of ministerial or specified duties, are liable for the misconduct, negligence or omissions of their agents. City of Richmond v. Long's Adm'rs, 17 Gratt. 375.</p> <p>3. City is bound to use all necessary measures to guard against injury to persons coming upon its streets from private ways over adjoining lots, upon that portion of its streets which may be enclosed by barriers.</p>