134 Minn. 97 | Minn. | 1916
The Mississippi River boulevard in St. Paul runs northerly from Marshall avenue along the top of the bluff which forms the east bank of the Mississippi river. At a ravine on the boulevard a little north of Marshall avenue is a small concrete bridge. Just north of this bridge the Como and River boulevard branches off from the Mississippi River boulevard and runs in an easterly direction. The roadway of the River boulevard is 26 feet wide, well surfaced, and slightly rounded in the center so as to shed water. East of the boulevard the ground is level. To the west of the roadway is the usual gutter, and to the west of this is a gravel path
Deceased was driving an automobile northerly over.the Mississippi River boulevard. She passed the concrete bridge and turned on to the Como and River boulevard and^traveled easterly upon it for about 30 feet. Then, for some reason not explained,'her automobile stopped and commenced to back. It backed to the River boulevard, clear across the roadway, gutter, and path, and over tlie edge of the bluff. Deceased suffered injuries from which she died. This action is brought to recover damages. The trial court held no negligence was shown, and directed a verdict for defendant. Plaintiff appealed.
It is not negligence for a city to construct and maintain a street or roadway along the top of a bluff. Where the roadway is narrow and the declivity so near that it may reasonably be anticipated that the passing of vehicles, the shying of horses, or some other incident of traffic, may cause
Order affirmed.