City of Glasgow v. Crisp

• Decision Date: 11 June 1908
• Parties: CITY OF GLASGOW v. CRISP.
• Court: Kentucky Court of Appeals

111 S.W. 279

CITY OF GLASGOW v. CRISP.

Court of Appeals of Kentucky.

June 11, 1908

Appeal from Circuit Court, Barren County.

"Not to be officially reported."

Personal injury action by Alberta Crisp against the city of Glasgow. Judgment for plaintiff, and defendant appeals. Reversed for new trial.

J Lewis Williams and B. G. Ellis, for appellant.

Baird &amp Richardson for appellee.

BARKER J.

The appellee, Alberta Crisp, in crossing East Main street, in Glasgow, Ky. stumbled over a pile of bricks or cement blocks which were in the highway, and fell, receiving severe personal injuries. Upon the trial of this action, which was instituted to recover damages of the municipality for the injuries which she received, a jury awarded her the sum of $500; and of the judgment based upon this verdict the city is complaining.

The city authorities had reconstructed the sidewalk in front of appellee's residence, and the bricks or cement blocks which had been taken up and replaced by new material, were piled in the highway along the edge of the gutter. The débris was not piled in any regular order, but, as we gather from the testimony was scattered along the edge of the street near the gutter. Appellee was crossing the street from her house to that of a neighbor, in order to inform the neighbor that her son had been injured. It was a bright, sunshiny day, and she knew the bricks were in the street and saw them at the time she undertook to cross it. She says, however, that she did not know they would "creen" or turn under her foot and throw her down. Was appellant entitled to recover anything from the municipality? We think not. In making public improvements, municipalities are bound to use the highway for the deposit of débris, but, in doing so, they are required to use, at least, ordinary diligence to protect the public from danger, and therefore, when it is dark, or when from other causes, this use of the highway renders it dangerous to the public safety, sufficient warning must be given to the traveling public of the danger. Ordinarily at night lights are placed upon piles of stone or other débris or barricades are made around them; but generally it may be said that in daylight, where piles of stone or brick or cement blocks are in the highway, it is presumed that the public can see them and will not recklessly walk over them and be hurt. While it is true that persons have the right to walk across the...