City of Chicago v. Johnson
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. William A. Portee, Judge, presiding. - Charles Johnson brought an action on the case, in the court below, against the city of Chicago, alleging in his declaration that in August, 1867, the defendant, while repairing Milwaukee Avenue," one of the streets in said city, caused a deep ditch to be dug on the east side of said avenue, and left the same in the night time, without light, guards or barricades, and that the…
Read the full summary
Appeal from the Superior Court of Chicago; the Hon. William A. Portee, Judge, presiding. - Charles Johnson brought an action on the case, in the court below, against the city of Chicago, alleging in his declaration that in August, 1867, the defendant, while repairing Milwaukee Avenue," one of the streets in said city, caused a deep ditch to be dug on the east side of said avenue, and left the same in the night time, without light, guards or barricades, and that the plaintiff, while driving along said avenue on the evening of the twenty-seventh of August, was thrown from his wagon by his horse…
1Opinion of the CourtChief Justice Breese
There is no dispute about the facts of this case. By the charter of the city of Chicago, which is a law of this State, the control of the public streets is given to the city, and the Board of Public Works of the city is required to take special charge and superintendence over them, and the common council are authorized to cause the streets to be filled, graded and paved, and to keep them in repair.
It is not denied that Milwaukee Avenue is a public street of the city of Chicago, and the evidence shows that it was being paved with Hicliolson pavement, at the time the accident to appellee…
2Cases cited1 opinion
- City of Springfield v. Le ClaireIllinois Supreme Court · 1869
3Cited by14 opinions
- Village of Jefferson v. ChapmanIllinois Supreme Court · 1889
- Kinsey v. City of KinstonSupreme Court of North Carolina · 1907
- City of Chicago v. BrophyIllinois Supreme Court · 1875
- Cole v. City of East St. LouisAppellate Court of Illinois · 1910
- O'Connell v. Chicago & North Western RailroadAppellate Court of Illinois · 1940
9 more not listed; retrieve them via the Exa API.