Village of Fairbury v. Rogers
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Livingston county; the Hon. Franklin Blades, Judge, presiding. This was an action on the case, by Charlotte C. Rogers against the village of Fairbury, to recover damages for a personal injury sustained from a fall from the sidewalk over a ditch or drain.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Livingston county; the Hon. Franklin Blades, Judge, presiding. This was an action on the case, by Charlotte C. Rogers against the village of Fairbury, to recover damages for a personal injury sustained from a fall from the sidewalk over a ditch or drain. The negligence on the part of the city, as claimed, was the maintaining of a crossing of the ditch of so narrow a width as to be dangerous, from’which plaintiff fell, in the night time, in February, 1877, using due care at the…
1Opinion of the CourtChief Justice Dickey
This is an action by appellee against appellant, in which judgment was rendered for plaintiff for damages, as compensation for injuries received by falling from a crossing or bridge in the sidewalk, constructed across a ditch. On appeal, the judgment was affirmed by the Appellate Coiirt.
Three grounds are urged for the reversal of this judgment:
First—That thé evidence does not support the verdict.
Second—The circuit court excluded competent evidence offered in behalf of defendant.
Third—That the court erred in relation to the instructions given and refused.
The first question is a question of…
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