Charles R. Gorham, Appellant, v. The Trustees of the Village of Cooperstown, Respondents

Charles R. Gorham, Appellant, v. The Trustees of the Village of Cooperstown, Respondents. (Argued January 22, 1875; decided February 2, 1875.) In order to charge a municipal corporation with damages occasioned by a defect in, or obstruction of, one of its streets, it must he made to appear that it was the result of some act, or of some neglect or omission of duty on its part, or that of its servants or agents. This was an action to recover damages for injuries resulting from plaintiff’s cutter running against a stick of timber in one of defendants’ streets.. Plaintiff was driving along Railroad street in Cooperstown, on a stormy winter’s day, when his cutter struck the stick of timber which was covered with snow; the cutter was upset and broken and plaintiff injured. It did not appear, who placed the timber in the street, or when, or under what circumstances, of that any of the village authorities or agents had any notice or knowledge of the obstruction before the injury; simply tile fact that the timber was there at the time of the accident. Held, defendant was not liable. The rule is stated in the opinion thus: £: Municipal corporations are not guarantors for the absolute. safety of all persons from injuries by reason of defects in, or obstructions of, the streets or highways of the municipality. They are only liable when the defects or obstructions are the results of their acts, or of some neglect or omission of duty by them or their servants or agents, and individuals in the use of streets receive injuries therefrom without fault on their part. Some overt act of the municipality or its officers, resulting in injury to third persons, or some neglect or omission of duty in repairing defects or removing obstructions must be established, in order to charge the municipality with the consequences of any defects in, or obstruction of, the thoroughfares within . the corporation.” Samuel S. Edick for the appellant. L. I. Burditt for the respondents. [MAJORITY — Allen, J.,] Allen, J., reads for affirmance. All concur, Miller, J., not sitting. Judgment affirmed.