City of Rock Island v. Gingles
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Rock Island county; the Hon. Emery C. Graves, Judge, presiding. This is an action on the case brought by appellee, against appellant, in the circuit court of Rode Island county, to recover for personal injuries sustained.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Rock Island county; the Hon. Emery C. Graves, Judge, presiding. This is an action on the case brought by appellee, against appellant, in the circuit court of Rode Island county, to recover for personal injuries sustained. The declaration alleges that on November 28, 1901, the plaintiff was riding in a certain vehicle drawn by a horse, on Ninth street, in the city of Rock Island, and at the corner of Fourth avenue said city had permitted one Thomas P. Rosenñeld, a plumber, to dig a…
1Opinion of the CourtJustice Wilkin
Several grounds of reversal are urged by counsel for appellant, but in our view of the case it will be sufficient to notice but one of them,—that is, that the trial court erred in the giving of instructions.
In the first paragraph of plaintiff’s second instruction the jury were told that it was the duty of the city, imposed by law, to keep its streets in a reasonably safe condition for persons walking and driving upon them by day as well as night. It places an absolute duty on the city to keep its streets reasonably safe, and in this respect was erroneous. We have held in an unbroken line of…
2Cases cited1 opinion
- City of Rockford v. HildebrandIllinois Supreme Court · 1871
3Cited by11 opinions
- Presley v. C. M. Allen & Co.Supreme Court of North Carolina · 1951
- Cook v. City of Winston-SalemSupreme Court of North Carolina · 1955
- Smith v. City of WinstonSupreme Court of North Carolina · 1913
- Conklin v. Lincoln Traction Co.Nebraska Supreme Court · 1935
- Maring v. City of BillingsMontana Supreme Court · 1943
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