Rock v. American Const. Co.

Citations

• 120 La. 831
• 45 So. 741
• 1908 La. LEXIS 579

Syllabus

<p>1. Municipal CokpoRations — Negligence-Excavations in Sidewalk — Failure to Guard.</p> <p>As a municipal corporation would itself be liable to a citizen for injury sustained by reason of its reducing- a sidewalk to a dangerous condition, it is evident that the privilege granted by it to a public utility company of making excavations therein cannot authorize such company to leave the .excavations so made unguarded and to dispense with all precautions, whereby those who are rightfully using the sidewalk may be warned of their.existence. Nor can the company in such case escape liability on the plea that an excavation, made under the authority conferred on it and for its account and benefit, has been made by an independent contractor.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 36, Municipal Corporations, §§ 1593, 1653-1659.]</p> <p>2. Same.</p> <p>A gardener with poor eyes (but who cares for himself and earns his own livelihood), and with a basket of vegetables on his head, is not particularly well situated to discover a hole in the sidewalk, but the sidewalks of the city are intended for such as he, as well as those with good eyes and who carry no baskets, and he has the right to assume, within reasonable limits, that, if they have been made unsafe, those who made them so will warn him of the fact, or protect him from the danger.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 36, Municipal Corporations, §§ 1672-1683.]</p> <p>(Syllabus by the Court.)</p>