California, United States of America
The following excerpt is from Hutchinson v. City of Sacramento, 17 Cal.App.4th 791, 21 Cal.Rptr.2d 779 (Cal. App. 1993):
The trial court stated "common sense suggests that the City must review the changed [traffic] conditions." We agree that common sense should motivate a public entity to take the initiative to reduce its risk of exposure to liability for a dangerous condition of public property. But common sense does not reside exclusively in the courts. In a system in which governmental power is distributed among equal coordinate branches, the judiciary has no charter to impose its view of common sense on another branch any more than it does to compel the performance of a duty it views as a moral obligation. (Ramsay v. Cullen (1921) 56 Cal.App. 5, 6, 204 P. 251.)
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