Riley v. City Of Ronceverte (No

Citation108 W.Va. 222
Decision Date19 November 1929
Docket NumberNo, 6507,, 6507
CourtSupreme Court of West Virginia
PartiesJosephine Lee Riley v. City of Ronceverte
1. Silent Policemen Court Takes Judicial Notice of Common

Use of So-Called "Silent Policemen" at Street Intersections in Cities, Towns and Villages, That They Serve Useful Purpose in Directing Traffic and Promoting Proper Observance of Law of Road.

The Court takes judicial notice of the common use of socalled "silent policemen" at street intersections in cities, towns and villages, and that they serve a useful purpose in directing-traffic and promoting a proper observance of the law of the road. (p. 225.)

2. Same Presence of Sufficiently Conspicuous "Silent Police-

men", Although Not Painted or Equipped With Warning Light, Not Defect in Highway Within Meaning of Statute Giving Right of Action for Injury Caused by Such Defects (Code, Chapter 43, Section 167); If a City Maintains, With Reasonable Diligence, Lights in Vicinity Thereof Sufficient to Inform Travelers Exercising Ordinary Care in Use of Way by Night of Its Presence.

The presence of a sufficiently conspicuous "silent policeman", although not painted or equipped with a warning light, is not a defect in the highway within the meaning of the statute giving a right of action for injury caused by such defects (Code, Chapter 43, section 167), if the city maintains, with reasonable diligence, lights in the vicinity thereof sufficient to inform travelers exercising ordinary care in the use of the way by night of its presence, (p. 226.)

Error to Circuit Court, Greenbrier County. Josephine Lee Riley against City of Ronceverte. Judgment for defendant. Plaintiff prosecutes error.

Affirmed.

H. L. Van Sickler and Holt & Holt, for plaintiff in error. McWhorter, White & Browning, for defendant in error.

Woods, President:

This is an action of trespass on the case, instituted in the circuit court of Greenbrier county, to recover for damages resulting from injuries alleged to have been caused by reason of a collision of an automobile in which plaintiff was then a passenger, with an alleged obstruction in the streets of the city of Ronceverte. This writ is prosecuted to a judgment in favor of the city.

The alleged obstruction, which is located at the intersection of Frankford Road and Main Street, is what is commonly known as a "silent policeman" or traffic guide. It is an ordinary galvanized hot-water tank (about 11 3/4 inches in diameter) filled with cement, and is so planted that the top rises about 34 inches above the surface of the street. Its position in relation to the intersection is 16 feet from the left and 13 feet from the right curb of Frankford Road, as a party proceeds north toward Lewisburg, and in the south edge or curb-line of Main Street. Such a traffic guide had been maintained at this point for four years prior to the accident. It is also in evidence that five other intersections in the city of Ronceverte are provided with similar guides.

Plaintiff arrived in Ronceverte on the evening of the accident on the train and was met at the station by her brotherin-law. At the time of leaving for the latter's home (in the direction of Lewisburg) night had fallen. According to the brother-in-law, whose testimony is corroborated by the plaintiff, he was required, by reason of the downpour of rain, to look around the edge of the windshield in order to properly direct the course of the car. After leaving the railroad station the car was driven out to Frankford Road, where it passed around a "silent policeman", and then north on that road in the direction of Lewisburg. Before reaching the next intersection (Main Street) the driver inclined the car to the left to avoid two other cars which were parked on the right-hand side of Frankford Road fifty feet south of Main Street, and after passing them, turned back toward the right of the street. The left front wheel of the car struck to the left of the center of the "silent policeman", and after re-bound the frame of the car struck it. Both occupants of the car testified that they could not see the traffic guide. The driver stated that he had visited Ronceverte during the four years previous to the accident on an average of once every three weeks and had used the Frankford Road about half of the time; that he knew of the presence of the traffic guide; that he drove into Ronceverte on the evening of the accident over that road. The plaintiff testified that she had averaged two trips a year to her sisters for some years prior to the accident; and that she had traveled the Frankford Road on such occasions. On being asked if she had seen the traffic guide, she replied: "Each time I passed...

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8 cases
  • Blackburn v. City of St. Louis
    • United States
    • Missouri Supreme Court
    • November 19, 1938
    ... ... Ind.App. 483, 141 N.E. 360; Town of Hobart v ... Casbon, 81 Ind.App. 24, 142 N.E. 138; Wells v ... Kenilworth, 228 Ill.App. 332; Riley v ... Ronceverte, 108 W.Va. 222, 151 S.E. 174; Fitzgerald ... v. Village of Bovey, 174 Minn. 450, 219 N.W. 774; ... Federman v. Stamford, 118 ... ...
  • Blackburn v. St. Louis, 35465.
    • United States
    • Missouri Supreme Court
    • November 19, 1938
    ...121 S.W.2d 727 ... ANNABELLE BLACKBURN ... CITY OF ST. LOUIS, Appellant, and GEORGE ROGUL, Defendant ... No. 35465 ... Supreme Court of Missouri ... Casbon, 81 Ind. App. 24, 142 N.E. 138; Wells v. Kenilworth, 228 Ill. App. 332; Riley v. Ronceverte, 108 W. Va. 222, 151 S.E. 174; Fitzgerald v. Village of Bovey, 174 Minn. 450, 219 ... ...
  • Young v. City of Camden
    • United States
    • South Carolina Supreme Court
    • July 12, 1938
    ... ... City of ... Gastonia, 203 N.C. 664, 166 S.E. 791; Aaronson v ... City of New Haven, 94 Conn. 690, 110 A. 872, 874, 12 ... A.L.R. 328; Riley v. City of Ronceverte, 108 W.Va ... 222, 151 S.E. 174, 175; City of Vicksburg v ... Harralson, 136 Miss. 872, 101 So. 713, 39 A.L.R. 777; ... ...
  • Toler v. City Of Charleston
    • United States
    • West Virginia Supreme Court
    • June 5, 1934
    ...safe condition for persons traveling in the usual modes by day and night, and exercising ordinary care." Cf. Riley v. City of Ronceverte, 108 W. Va. 222, 225, 151 S. E. 174. The Massachusetts case of Andresen v. Town of Lexington, 240 Mass. 517, 134 N. E. 397, makes application of the princ......
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