Edward Douglass White

“ We can perceive no difference in principle between using and keeping a steam roller on the streets until the completion of a particular work, and the maintaining a lawful excavation, such as for the construction of a sewer or of an underground road, and the use of an engine, derrick, etc., in connection with the hoisting of earth from an excavation. ”

“ The steam roller in question had been brought to the place where the accident occurred, for a lawful purpose, viz., that of performing a duty enjoined upon the district to keep in repair the streets subject to its control. The use of an appliance such as a steam roller was a necessary means to a lawful end,-a means essential to the performance of a duty imposed by law. It must therefore follow that if in the legitimate and proper use of such machine, with reasonable notice to the public of such use, an injury is occasioned to one of the public, such injury is damnum absque injuria. ”

“ The roller being lawfully on the street, the District was not bound to guard against the consequences of a voluntary attempt to drive by this roller. Certainly, if a driver believed that it would not be the natural and proper consequence of such an attempt that his safety would be endangered, the District ought not to be charged with notice that the attempt would be dangerous either to life or to limb. ”