State Supreme Court Says New Bern Failed to Protect Public, March 31, 1926

City of New Bern Must Pay Big Sum for Failure to Protect the Public

Raleigh, March 31 (AP)—The city of New Bern must pay $8,000 for the death of Mitchell Willis, who drove a Ford off Craven street into the Trent river. The supreme court today held that cities must provide adequate barriers at street terminals into rivers for the protection of automobilists.

In the case of D.H. Willis, administrator, against the city of New Bern, Justice Brodgen holds that a city must maintain both the streets and their terminal in a safe condition. In the case at bar, Mitchill Willis drove the car into Trent river and drowned both himself and Clyde Gray, a youth riding in the car with him.

Justice Brogden reduces the question to four proportions:

First: The street terminus was dangerous.

Second: The city should have erected barriers or provided a red light or some danger signal.

Third: Long existences of dangerous situations was legal notice to the city of the danger.

Fourth: Under a proper charge from the judge, the jury found the deceased was using due care.

From the front page of the Goldsboro News, Thursday morning, April 1, 1926

newspapers.digitalnc.org/lccn/sn93064755/1926-04-01/ed-1/seq-1/