Weber v. Union Development & Construction Co.

Citations

• 118 La. 77
• 42 So. 652
• 1906 La. LEXIS 836

Syllabus

<p>1.Municipal Corporations — Obstructions in Street — Injury to Pedestrian.</p> <p>Where, íd repairing a street, a contractor places upon the crossing a barricade so weather-stained as to be inconspicuous at .night, and fails to provide a red lantern as required by city ordinance, and the barricade, either from its rickety condition or from being run against by passers who do not see it, is frequently upset and lying flat on the pavement, where it serves no useful purpose, but is dangerous to travelers on the street, held, that the obstruction being on the street is the result of the negligence of the contractor, entailing upon him responsibility for the injury to a person who in the night is tripped up by it.</p> <p>[Ed: Note. — Eor cases in point, see Cent. Dig. vol. 36. Municipal Corporations, §§ 1688, 1689.]</p> <p>2. Same — Rights op Pedestrian.</p> <p>A pedestrian is not; confined to the regular crossing, but may walk upon any part of the street. He may traverse it diagonally.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 36, Municipal Corporations, § 1681.]</p> <p>3. Same — Duty op Pedestrian.</p> <p>All that is required of a pedestrian upon the street is ordinary care, and this does not necessitate his looking constantly where he treads. He may run to catch a car, and when doing so, and about to cross an intervening' car track, upon which an electric car may be coming at any time, he may without negligence divide his attention between the car he is bent on catching and the intervening car track. He is not bound to be looking constantly at his feet. He has the right to assume that the roadway is safe for travel.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 36, Municipal Corporations, §§ 1673, 1678.]</p> <p>(Syllabus by the Court.)</p>