City of Spring Valley v. Gavin
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Bureau county; the Hon. H. M. Trimble, Judge, presiding. This was an action on the case by appellee, to recover for damages alleged to have been received by him on the night of September 25, 1897, through the negligence of appellant in leaving open and unprotected a ditch in one of its streets, some five feet deep and three feet wide.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Bureau county; the Hon. H. M. Trimble, Judge, presiding. This was an action on the case by appellee, to recover for damages alleged to have been received by him on the night of September 25, 1897, through the negligence of appellant in leaving open and unprotected a ditch in one of its streets, some five feet deep and three feet wide. The ditch had been dug by appellant for the purpose of laying down its water mains, and on the first night after it was open a light had been placed…
1Per curiam
In deciding the case the Appellate Court said:
“Instruction No. 22 given for appellee is said to be erroneous, because it states the law to be, that persons traveling upon the streets of a city which are in constant use by the public have the right to presume, and to act upon the presumption, that such streets are reasonably safe for ordinary travel throughout their entire width. In the case of City of East Dubuque v. Burhyte 173 Ill. 553, where a similar instruction was under consideration, the following language is used: ‘The substance of this charge to the jury was, that if they believed,…
2Cases cited1 opinion
- City of East Dubuque v. BurhyteIllinois Supreme Court · 1898
3Cited by9 opinions
- City of Salem v. WebsterAppellate Court of Illinois · 1901
- Swalm v. City of JolietAppellate Court of Illinois · 1920
- Garman v. City of WaverlyAppellate Court of Illinois · 1911
- Village of Hennepin v. ColemanAppellate Court of Illinois · 1907
- Boender v. City of HarveyAppellate Court of Illinois · 1911
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