City of Chicago v. Martin
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an' action on the case, brought by the appellees, in the court below, against the City of Chicago, the appellant, to recover damages for a personal injury alleged to have been . sustained by the appellee, Bridget Martin, by reason of a defect in one of the public streets of the city., The cause was tried before the court and a jury, and a verdict and judgment rendered for…
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Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an' action on the case, brought by the appellees, in the court below, against the City of Chicago, the appellant, to recover damages for a personal injury alleged to have been . sustained by the appellee, Bridget Martin, by reason of a defect in one of the public streets of the city., The cause was tried before the court and a jury, and a verdict and judgment rendered for the plaintiff, for $1,000, to reverse which, the record is brought to this court by appeal.
1Opinion of the CourtChief Justice Breese
There was, probably, some degree, of negligence in the city to permit this defect in the culvert to remain so long, but, that thereby; it was guilty of gross negligence, amounting to wilful injury, can not be admitted. This work was on a street in the city, but not in the business part of it,—rather in the outskirts, which localities have never been supposed to demand, and certainly do not receive, the ..same attention as more populous and fashionable localities. And it is right and just that it should be so. The city authorities of Chicago should take more care of Lake or ¡átate street, than…
2Cases cited5 opinions
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Kennedy v. North Missouri RailroadSupreme Court of Missouri · 1865
- Treat v. BarberSupreme Court of Connecticut · 1828
- Hosley v. BrooksIllinois Supreme Court · 1858
- Hunt v. HoytIllinois Supreme Court · 1858
3Cited by29 opinions
- Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
- Aladdin Mfg. Co. v. Mantle Lamp Co. of AmericaCourt of Appeals for the Seventh Circuit · 1941
- City of Indianapolis v. GastonIndiana Supreme Court · 1877
- Eshelman v. RawaltIllinois Supreme Court · 1921
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
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