The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1896-07-03

SnpremesCourt upon the grount
that the evidence was insufficient
TO sustain the verdict of the jury
AS there seems to be a disposl
ton to sue the town of Clarks
burg by people who claim te
have been hurt upon its streets
the views expressed by Judge
Brannon may have some tendency
to repress any such disposition.
in view. more especially. of what
the Supreme Court lays down as
tothe duty of persons travelling
streets and roads 10 exercise
proper care.
i. A municipal corporation is
not an insurer against accidents
upon its streets and roads. Nor
is every defect therein, though
it may cause the injury sued for,
actionable. Its sufficient if the
streets and roads are in a reason
ably safe condition for travel in
ordinary modes, with ordinary
care, and whether or so or not is
a practical question to be deter
mined in each case by its par
%;n,.1o, :. ,.;.a,,r,etoooae
2, Whilst the liability of mu-
nicipal corporations in such cases
is in its nature absolute, that
does not refer to the cause of ac-
ton. That must exist before
liability arises-such cause as
raises the liability.
8. Care in use of public roads
enioined.
Robert Van Pelt obtained a
Judgment on verdict for $500
against the town of Clarksburg
for injury received from a defect
inone Of its highways, and the
town has sued out this writ of
error. The injury was not re.
ceived in one of the main streets
but in a turnpike road in the
suburbs. There was a side ditch
to drain the water from hill
side along this turnpike, and the
town made a gutter to let the
water from the ditch across the
road. This road was much used
in hauling coal from the two coal
banks into the town and for other
purposes, and winter weather
and use had worn this gutter so
that at a point it became, say SIX
teen to eighteen inches deep and
Two and half feet across and
might be called a "chuck hole. s.
A good deal of water collected
in it. and at the time of this mis-
hap it was frozen over with ice.
Van Pelt was hauling coal with
a two horse wagon from coal
bank into town. He passed over
this gutter with empty wagon in
going for load to the coal bank,
and did not break through the
ice; but returning with ~ load Of
coal, he sitting on a spring seat
the wagon broke through the ice
causing a jolt which threw Var
Pelt to the ground. inficting the
injury for which he sued.
Taking the evidence of the
plaintiffs side alone, we conclude
that it does not show such de
feet in the road as renders the
town liable in this action. Tn,
gutter or waterway was neces
sity in order to pass the watel
across the road. 1t was winter
Wagons had worn it some, and a
one place made it deeper thai
elsewhere, so that 1t was 'chuel
hole : but at worst it was onl,
about eighteen inches deep, b,
no means worse than we flint
everywhere IN the towns an,
counties of this State. Perhap!
in the bad weather, it had within
a few days becomea little deeper
The road was used by every one
and was by no means impossible
No other accident happene,
there. No one hesitated for
moment to use the road becaus
OF this gutter, or that part of
which was worst. 1t was easil,
avoided indriving. Evidence O
both sides clearly shows tina
with ordinary care there was n
danger in crossing it.
A disposition is manifest to al