City of Chicago v. Gurrell
Appellate Court of Illinois
Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Theodore Bbentaiío, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1907.
1Opinion of the CourtJustice Freeman
It is contended in behalf of the defendant that the city should not be held liable since, it is said, it had no actual or constructive notice of the defective condition of the board or plank in question which plaintiff claims broke under her weight, in time to enable the city in the exercise of ordinary care to repair the defect. This contention is based wholly upon the evidence in behalf of plaintiff, to the effect that the alleged defective board “looked all right.” It is not disputed that the city is responsible only for the exercise of reasonable diligence in keeping its streets and…
2Cases cited2 opinions
- Gifford v. PeopleIllinois Supreme Court · 1893
- City of Chicago v. WatsonAppellate Court of Illinois · 1880
3Cited by2 opinions
- Boland v. MorrillSupreme Court of Minnesota · 1967
- Gage v. City of ViennaAppellate Court of Illinois · 1915