Myen,  119  Ind.  196.  But  a  person  who  has  snstained  injuries  by  reason  of
defective  sidewalks  may  be  required  by  the  proyisions  of  a  dty's  charter  to
first  exhaust  ^is  remedy  against  the  adjoining  lot-owners,  whose  duty  it  is  to
keep  the  sidewalks  in  repair,  before  he  can  sue  the  oity  for  damages:  Haiker
▼.  Fond  du  Lae,  71  Wis.  616.  The  statutory  duty  imposed  npon  Detroit  City
to  keep  its  streets,  etc,  in  repair,  and  safe  for  pubUo  trayel,  extends  to  mem-
bers of  the  city  fire  department  as  well  as  to  the  general  trayeling  pubUo:  CooU
▼.  DetroU,  75  Mich.  628.  A  city  is  only  liable  for  lack  of  ordinary  csre  in
providing  sufficient  and  suitable  sidewalks,  guttering,  etc;  but  if,  from  lack
of  ordinary  care,  the  sidewalks,  guttdring,  eta,  become  so  defective  as  to  be-
come active  agents,  commiogled  with  the  act  of  God,  in  producing  damage,  the
city  will  be  liable  therefor:  Haney  ▼.  KanaoB  City,  94  Ma  334.  Bat  the  doc-
trine that  a  city  iz  liable  for  neglect  to  keep  in  repair  its  streets  is  limited  to
apply  only  to  streets  open  to  pubUc  use,  and  used  by  the  traveling  public:
Austin  V.  Hiiz,  72  Tex.  392.  Want  of  funds  h  a  matter  of  defense  to  a  city
seeking  to  excuse  itself  from  liability  because  of  failing  to  keep  its  streets  in
repair:  Id.;  WkUfield  ▼.  Meridian,  65  Miss.  570;  14  Am.  St  Rep.  596.
