Whitfield v. City of Meridian

Citations

• 66 Miss. 570

Syllabus

<p>1. Municipal Corporation. Negligence. Defective streets. Want of funds.. Power to tax.</p> <p>A want of funds and an absence of power to raise money by taxation or to enforce contributions of labor will free a municipal corporation from-liability for injuries caused by defective streets; but not so where the charter gives extensive powers of taxation for laying out and repairing streets- and avenues.</p> <p>2. Same. Street infrequently used.</p> <p>A city or town is not called upon to open and grade new streets in advance of’ public needs, and even where the street has been recognized as a public way,, a less degree of care will suffice for one infrequently used than for those in the heart of the town. But it does not follow, because a way is seldom used, that the city may permit pit-falls or dangerous places to remain in it-</p> <p>3. Same. Street unsafe. Knowledge of authorities. Damages.</p> <p>It is the duty of the city to know within a reasonable time of obstructions or dangerous places in streets. Even in case of a street infrequently used,, where an unsafe condition, which is easily observable, has existed for five or six years, it is to be assumed that the city knew of the same or ought to-have known by the exercise of ordinary diligence ; and one who is injured by reason of such defect may recover damages from the city.</p> <p>4. Notice of Defect. Actual and constructive. Negligent ignorance.</p> <p>It is not incumbent upon one who has sustained damage to prove that the city had actual notice of the defect by which the injury was caused. The circumstances of each case must determine whether constructive notice is-to be attributed to the authorities. But where the defect is manifest and of such dangerous character as to obtrude its existence to the most casual observer, and’has existed a number of years, the authorities can only be ignorant, if at all, by neglecting all supervision of streets in that locality.</p> <p>5. Street. Acceptance by authorities.<