by John Marshall Harlan

“ The source from which the District obtains the means for maintaining public highways in the city is of no consequence so long as congress has made it, and permits it to remain, a mere municipal corporation, with such functions as pertain to municipal corporations proper. ”

“ No certain duration of a dangerous condition of a public highway operates of itself as a notice. The law does not require impossibilities of any person, natural or artificial; and it is impossible that all parts of all the streets should be under constant inspection. Consequently, it could not be maintained that at the instant an accident happens to a high way the authorities are charged with notice, and held liable therefor, if they do not put it instantly in repair. ”

“ The District government, as a municipal corporation, is charged with the duty of supervising the streets of Washington, and keeping them in a condition fit for convenient use, and safe against accident to travelers using them. But it is not under an absolute obligation to respond for every accident a man may suffer in its streets. ”

“ People must build houses, and, in order to do that, it is necessary to excavate for cellars and areas, if needed, and to dig trenches to connect with the watermains, gas-pipes, and sewers. Nobody has a right to do this without a permit from the authorities, and, if any person undertakes to do it without a permit, he would be responsible for any injury resulting; but the District would not be, unless it had the notice already spoken of. ”

“ The District was held liable for the injury there complained of, upon the principle, which the court declared to be sound, and supported by numerous and well-considered adjudications in this country and in England, that a municipal corporation, as distinguished from a corporation organized for private gain, is liable for injuries to individuals arising from negligence upon its part in the construction of works which it was authorized to construct and maintain. ”

“ It is simply bound to practice due care and diligence in the exercise of its powers, and in the application of its resources towards the objects named. If due care is once exercised, and, notwithstanding, an accident occurs, and somebody is injured, it is the misfortune of the victim, and not the fault of the authorities. ”

“ It was for the jury to decide whether the boards placed over the hole be sufficient to sustain the weight of an ordinary man traveling over them. It is not only necessary that the protection should be sufficient to sustain the weight of persons passing along, but another element is the security of the covering in its place over the hole to sustain the weight of a heavy man walking over it. If it would be liable to be kicked out of place by persons passing along, it might not be deemed an adequate protection. ”

“ That streets, avenues, pavements, sidewalks, and sewers in Washington are established, repaired, and maintained in part by appropriations made by congress, and in part by taxation upon private property, does not change the fact that, by an express declaration of congress, the District is created a body corporate for municipal purposes. ”

“ Its negligence, in the care of streets, was held to be the negligence of the municipal corporation of which it was a part. So, in this case, the commissioners, having full control of the streets, are under a duty to keep the public ways of the city in such condition that they can be used with reasonable safety. Their neglect in that matter is the neglect of the municipal corporation, of which they are the responsible representatives, although subject to the paramount authority of congress. ”

“ If the individual himself supplies the protection against danger, then the duty will have been discharged on his part, and that of the District also will have been discharged, just the same as in the case of the works being constructed by itself. ”

“ To this evidence, when offered, the defendant objected, but the objection was overruled, and it excepted.
The principal object of this evidence in reference to the dead-light was to show when it was placed at the hole. We will not stop to consider whether a proper foundation was laid for the use of the above entry as evidence in itself; for it was otherwise in proof, and not questioned, that the dead-light was not placed in position until after the plaintiff had fallen into the hole, and that the hole was unguarded by such a light for some time prior to the accident. ”

“ It also provides that when any repairs of streets, avenues, alleys, or sewer within the District are to be made, or when new pavements are to be substituted in place of those worn out, new ones laid, new streets opened, sewers built, or any work, the total cost of which shall exceed $1,000, the work shall be given out upon advertisement, the lowest responsible bid to be accepted by the commissioners, thought they have the right, in their discretion, to reject all proposals made. ”

“ The question to be first considered is whether the District of Columbia is, under any circumstances, liable in damages for personal injuries resulting from the unsafe condition of the a venues, streets, and sidewalks in the city of Washington. The charge of the court below proceeded upon the ground that such liability existed. ”

“ And it was expressly declared that it was not of the slightest consequence, in principle, by what means the officers of the District were 'placed in their position, whether they are elected by the people of the municipality, or appointed by the president or a governor. The people are the recognized source of all authority, state and municipal ”