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| Re: Pedestrians aren't the only ones who matter. (321622) | |||
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Posted by BusMgr on Tue Jan 3 11:03:48 2017, in response to Re: Pedestrians aren't the only ones who matter., posted by merrick1 on Sun Jan 1 18:58:39 2017. An interesting case, and one where I think the Court of Appeals may have gotten it wrong. Relying on precedent, the court found (and the City did not contest) that the City acts in a proprietary manner, not in a governmental manner, in maintaining its highways. It is reasonable, I think to then charge the government with the duty to maintain the physical infrastructure of such highways, including the traffic control devices installed to permit all to use the highways with a reasonable degree of safety. Here, the issue was whether it was the City's duty to install physical barriers (or other devices) in order to prevent highway users from traveling at excessive speed, thereby endangering other highway users. That seems a bit much to me. There was a speed limit, and here the automobilist traveled in excess of the speed limit, not because the City extolled him to do so, but because of his own free will, and with disregard of the safety of other highway users. It is as if the court declared speeding along Gerritsen Avenue to be irresistible, for which a normal law-abiding citizen would be unable to control their own actions. |
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