Prather v. City of Spokane

Citations

• 29 Wash. 549
• 59 L.R.A. 346
• 70 P. 55
• 1902 Wash. LEXIS 614

Syllabus

<p>MUNICIPAL CORPORATIONS-LIABILITY FOR DEFECTIVE BICYCLE PATH.</p> <p>Where a city, although not required so to do, exercises the privilege of constructing a bicycle path, the same rule in regard to the reasonable safety of such path for ordinary use applies to the method and care in the construction and maintenance as where there is a duty imposed by law.</p> <p>SAME — DUTY TO MAINTAIN SAFE HIGHWAYS.</p> <p>Where a city has exclusive control and management of its streets, a ministerial, rather than a governmental, duty is imposed upon it to keep the same reasonably safe for the ordinary modes of travel; hence if a bicycle path constructed by a city is unsafe for ordinary travel thereon, by reason of its being constructed with a sharp turn on the outer edge of which there was an elevated curb, the city is liable to one who, without negligence on his part, is injured while using it in the ordinary way.</p> <p>SAME.</p> <p>The fact that other parts of a street were safe for bicycles and other vehicles would not relieve a city from liability, where it had constructed a bicycle path and thereby constructively invited that particular kind of vehicle to go upon this particular way.</p> <p>SAME-NEGLIGENCE IN MAINTENANCE OF BICYCLE PATH.</p> <p>Where a city maintains a bicycle • path which is unsafe by reason of a sharp turn at a point about four feet distant from a gutter eight inches deep, bordered by a wooden sidewalk twelve inches high, without the maintenance by the city of lights or barriers at such point, and with knowledge on the city’s part of the dangerous character of such turn in the path, the city is liable to a bicycle rider injured while traveling on such path and using ordinary care.</p> <p>SAME — LIABILITY FOB DEFECTS OUTSIDE OF HIGHWAY.</p> <p>The want of a sufficient barrier and protection to prevent travelers upon a highway from running into a dangerous construction without the limits of the road, but in the general direction of the travel thereon, may