Purcell v. City of Chicago
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Frost, Judge, presiding. The appellee, in an action on the case, recovered a judgment against appellant for $5000, which the Appellate Court affirmed, and a further appeal is prosecuted to this court.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Frost, Judge, presiding. The appellee, in an action on the case, recovered a judgment against appellant for $5000, which the Appellate Court affirmed, and a further appeal is prosecuted to this court. The appellee’s injury was caused by his being thrown from a wagon which he was driving along Twenty-eighth street, by reason of a wheel dropping into a hole in the street. The negligence alleged was permitting a large and dangerous hole to remain in…
1Opinion of the CourtJustice Dunn
The court did not err in refusing to instruct the jury to find the defendant not guilty. The hole of the size mentioned made a dangerous condition of the street. Such condition had continued for many months. The surface of the street at that point was covered with water and wagons obstructed the street on either side. Whether appellee was in the exercise of ordinary care in driving between the wagons and along the middle of the street was a question of fact for the jury. It is the duty of a city to use reasonable care to keep all its streets in a reasonably safe condition for the use of the…
2Cases cited2 opinions
- Chicago & Alton Railroad v. PearsonIllinois Supreme Court · 1900
- City of Flora v. NaneyIllinois Supreme Court · 1891
3Cited by4 opinions
- Budek v. City of ChicagoAppellate Court of Illinois · 1935
- City of Ada v. CriswellSupreme Court of Oklahoma · 1939
- City of Sapulpa v. WilliamsSupreme Court of Oklahoma · 1926
- Simon v. City of ChicagoAppellate Court of Illinois · 1935