Village v. Kallagher
Village v. Kallagher
Opinion of the Court
Evidence was given at the trial by defendant tending to show that Church street is sixty-six feet in width, the portion south of Water street terminating at the Portage river two hundred and thirty-five feet distant, where there is a dock; that this part of Church street was not generally Used by the public, and by those who did use it in a limited way only, so that the traveled part of the street south from Water was only about twenty feet in width, the portion from the east of that track to the sidewalk on the east side of the street being more or less given up to grass and weeds and used largely by adjoining owners for storing agricultural implements and for showing them; that the bill board which was about fourteen feet long by twelve high, was erected at a place in Church street between the east sidewalk and the traveled track over a space which was considerably rough and broken and not convenient for driving' upon, was wholfy on Church street and about three feet from the south line of the sidewalk on Water street and parallel with it; that the board was not an obstruction to travel, and did not interfere with the ordinary use or travel on the street or sidewalks near it. Also, that the board was constructed in a good and substantial manner so as to be safe and free from danger under ordinary circumstances. Also, by both parties tending to show that at the time of the accident a wind of extraordinary violence was blowing which caused the board to fall upon the plaintiff. “There was a big gale of wind that day; it blew the bill board over on her,” says one wit
The instruction was not given either in form or substance, but the charge as given permitted the jury to return a verdict for the plaintiff notwithstanding they might find that the conditions assumed in the request were established by the evidence.
In this we think the trial court erred. A municipal corporation is not an insurer against accidents upon its streets and sidewalks. It is held to reasonable care only in the keeping of its streets free from nuisance; impracticable things are not required, nor is the municipality bound to anticipate improbable or unprecedented events and provide against their possible results. To be bound to provide against unprecedented storms, therefore, is to be required to use extraordinary, or the highest degree of care. Hence, in this case, if the bill board was not in itself a nuisance,
Judgments reversed and cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.