DuMond v. City of Mattoon

Defendant city was charged in Count I with negligence in the operation and maintenance of its city lake and pumping station resulting in decedent’s death. Judgment for $10,000 was entered on a jury’s verdict for plaintiff, post-trial motion was denied and this appeal followed. Count H charging willful and wanton misconduct was withdrawn from the jury on motion of the defendant and there is no cross-appeal from that order. No questions are raised on the pleadings.

Appellant contends (a) that decedent was at most a licensee to whom city owed an obligation not to willfully and wantonly injure,…