104 S.W.2d 419 | Tenn. | 1937
James K. Boyd and his wife were injured when their automobile ran into the rear end of a large garbage truck owned and operated by the City of Knoxville. Each instituted suits against the city to recover damages. The cases were heard together. At the conclusion of the plaintiffs' proof, the trial court sustained motions by the city for directed verdicts, and the suits were dismissed. Upon appeal, the judgments of the trial court were affirmed by the Court of Appeals.
The accident occurred at 2:30 a.m. on December 8, 1935, on West Cumberland street in the City of Knoxville. The truck was engaged in taking up garbage and trash, and had stopped about 6 feet from the curb. Its tail light was not burning. Boyd and wife were driving west to their home, and were trailing another automobile some 25 or 30 feet. Boyd was driving at the rate of *403
20 or 25 miles per hour, was looking ahead, his lights were burning brightly, and he had his car under control. The night was rainy and foggy. The car in front of Boyd made a sharp swerve to the left, barely missing the garbage truck. Boyd thereupon observed the truck when within 10 feet of it, applied his brakes, and braced himself for the impact. There was no way to avoid the collision. Mrs. Boyd was seriously injured, but Boyd's injuries were not so great. It is conceded that the city in collecting garbage is engaged in a governmental function for which it is not rendered liable by its employees' negligence. City of Nashville
v. Mason,
Counsel for plaintiffs insist that City of Knoxville v.Lively,
In Shepherd v. City of Chattanooga,
"It is the settled law of this jurisdiction that a municipal corporation holds the easements of its streets, in trust, for the benefit of the corporation, with the power to grade, pave, and otherwise improve them, and is liable in damages for injuries caused by its negligent failure to keep them in a safe condition for the use of the public. Mayor, etc., of City of Memphis v.Lasser, 28 Tenn. (9 Humph.), 757; Mayor, etc., of City ofMemphis v. Kimbrough, 59 Tenn. (12 Heisk.), 133; Mayor, etc.,of City of Knoxville v. Bell, 80 Tenn. (12 Lea), 157; City ofKnoxville v. Harth,
"The principle of law established by these cases is that the obligation to keep and maintain its streets is one cast upon a municipality in its corporate capacity, and that in the performance of this obligation it does not act as a governmental agency of the state which created it."
For the reasons stated herein, we hold that the city is not liable for the injuries which plaintiffs sustained. It follows that the petition for writ of certiorari will be denied. *406