City of Centralia v. Baker
Appellate Court of Illinois
Appeal from the Circuit Court of Marion County; the Hon. Wm. H. Snyder, Judge, presiding. Appellee was injured by a fall upon a sidewalk on the north side of Broadway between Locust and Oak streets in the city of Centralia, occasioned, as appellee claims, by adefect in the sidewalk. The sidewalk was some nine feet in width and made of boards. The stringer near the street had decayed and would not hold nails.
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Appeal from the Circuit Court of Marion County; the Hon. Wm. H. Snyder, Judge, presiding. Appellee was injured by a fall upon a sidewalk on the north side of Broadway between Locust and Oak streets in the city of Centralia, occasioned, as appellee claims, by adefect in the sidewalk. The sidewalk was some nine feet in width and made of boards. The stringer near the street had decayed and would not hold nails. The boards were oak and one of the boards in particular being loose at the outer edge of the walk, had become warped and was raised some two or three inches above the level of the walk…
1Opinion of the CourtReeves, P. J.
Appellant insists that the sidewalk was not dangerous. The true test is, was it in a reasonably safe condition for the use of persons traveling over it, using ordinary care for their personal safety ? This question was fairly submitted to the jury, and they found that it was not. We are riot inclined to disturb their finding. We think the evidence will support the verdict on this point.
It- is also urged that appellee was not using the degree of care that the law imposed on her. The only support for this contention is that she was not looking down at the time of the accident—was not using her…
2Cases cited3 opinions
- City of Macomb v. SmithersAppellate Court of Illinois · 1880
- Owen v. City of ChicagoAppellate Court of Illinois · 1882
- City of Chicago v. HickokAppellate Court of Illinois · 1885
3Cited by6 opinions
- Bennetts v. Silver Bow Amusement Co.Montana Supreme Court · 1922
- Leonard v. City of ButteMontana Supreme Court · 1901
- Pullen v. City of ButteMontana Supreme Court · 1912
- Metz v. City of ButteMontana Supreme Court · 1903
- Campbell v. HarmonSupreme Judicial Court of Maine · 1901
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