Pierce v. Mayor of Wilmington

Citations

• 16 Del. 306

Syllabus

<p>Municipal Corporation. Highway. Streets. Negligence.—Streets] .within the limits of a city are under its jurisdiction and control and it is its]duty to maintain the same, and to see that they are kept in safe and proper condition for public use. A city is bound to perform this duty withjdue care and diligence and the public have a right, in the absence of proof to the contrary|to presume that it has so performed its duty and that the streets and highways are safe and in a passible condition for travel.</p> <p>Same.—The law imposes duties also on travelers using the public streets. They must use all reasonable care and caution to avoid danger. They must not carelessly run into danger and then make others pay for their own negligence.</p>