Reports of Cases Decided in the Court of Appeals of the State of New York Volume 123 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 Excerpt: ...of his refusal or neglect. By enforcing these, every object the ordinance was intended to accomplish will be attained. The liability of the parties upon whom it operates extends no further, and against them an action like this cannot be maintained. In so determining we recognize the wellsettled principle that whenever a party causes, constructs or creates a nuisance or obstruction in a public street or highway, he is responsible in damages to anyone who has received special injury in consequence thereof." In Taylor v. Lake Sh&re & M. B. 72. Co. (45 Mich. 74) the head note states that "an ordinance requiring all persons to keep their sidewalks free from ice, imposes a purely public duty, and persons injured by slipping on the ice cannot bring private actions against the owners of the premises. Breaches Statement of case. of public duty must be punished in some form of public prosecution, and not by way of individual recovery of damages." We have thus referred at length to many of the cases holding the non-liability of the lot owners, for the reason that there seems to have been quite a common impression, in which judges and lawyers have shared, that abutting owners are in some way liable to an injured party for damages occasioned from their neglect to keep sidewalks in repair when that duty is in any way enjoined upon them. It seems to us that there could never have been any logical cause for such impression, and it seems it has no foundation in the reported cases. Any other conclusion than that reached by us would, we think, be most unfortunate, as it would tend to relax the vigilance of municipal corporations in the performance of their duties in respect to the repair of streets and highways, and impose that duty upon those wh...