Robinson v. Mayor & Council of Wilmington

Citations

• 13 Del. 409

Syllabus

<p>Competency of Juryman — Municipal Corporation — Care of Streets—Damages—Evidence.</p> <p>In a suit against a municipal corporation a resident tax-payer of said corporation is incompetent to sit as a juryman, he being interested in the suit.</p> <p>A person passing down the street of a city on a dark night has the right to assume that the street is in a reasonably safe and passable condition, and he cannot be charged with contributory negligence for stepping into a hole in the pavement in the street, it being unseen by him.</p> <p>It is the duty of the city of Wilmington to keep its streets in a safe and passable condition and if by reason of negligence on its part a foot traveller steps into a hole in the sidewalk, it will be liable for damages for injuries thus sustained.</p> <p>A hole left in the pavement of a street for as much as two months is of itself evidence of negligence on the part of the city.</p>