177 Ky. 411 | Ky. Ct. App. | 1917
Opinion of te Court by
— Affirming.
the appellee, Louis Rosenberg, stepped upon the lid, which covers the manhole, opening into a sewer, in the city of Covington, and the portion of the lid, upon which be placed bis foot, immediately gave way under the pressure, letting bis foot and leg go down into the manhole, when the lid turned upon its edge across the bole and caught him-under the arm, which resulted in breaking two of bis ribs and otherwise injuring him. Two neighbors came to bis assistance and removed him from the bole, when a physician was called. He was confined to bis room and bed for three weeks and was unable thereafter to follow bis usual occupation for two weeks longer. For some months and up to the time of the trial, be continued to suffer pains from the injuries. He brought this action against the appellant, city of Covington, to recover, from it, the damages be bad suffered, upon the ground, that the lid to the manhole was defective and dangerous, and thus rendered the sidewalk not reasonably safe for travel for a person exercising ordinary care
The evidence proved, that the manhole was circular in form and the metal covering over the sewer, through which the hole was made, was one inch in thickness. Around the rim of the hole a groove was made one-half inch in depth, so that the under side of the rim extended out into the hole one-half inch, further, than the upper side of the rim. The metal lid, which covers the manhole, was about one hundred pounds in weight, and was so constructed, that a groove corresponding to the one in the rim one-half inch in thickness and width, extended entirely around it, so that when placed over the hole it fitted to the conformation of the • hole, and causing the upper side of it to be smooth with the upper surface of the metal covering of the sewer and the sidewalk. To hold the lid in position, there were four lugs on its under surface, and so distributed that when the lid was placed over the hole, they rested against the rim of the hole upon each of its sides, and thus held the lid in position and prevented its being displaced or removed by the ordinary use and travel upon the sidewalk. The lugs were about three-fourths of an inch in length. The lid had been in use about seven years before appellee suffered his injury, and upon one side there had been a fracture by which a piece about one inch in diameter and five or six inches in length had been broken from the edge of one side of the lid, and one of the lugs attached to the under surface of the lid had been broken off. Upon one occa- ■ sion, some months before the injury, the lid had fallen
The instructions are not subject to the criticism made of them, as by them, the jury must, before finding a verdict against the city, believe from the evidence that the negligence of the city in failing to maintain the lid and manhole in such a way as to make the sidewalk reasonably safe for travel by pedestrians, who are exercising ordinary care for their own safety, was the proximate cause of the injury.
The judgment is therefore affirmed.