Village of Lemont v. Rood
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Hollín S. Williamson, Judge, presiding. This was an action of case under the statute, brought by the administrators of Joseph E. Rood, deceased, the appellees, against the village of Lemont, appellant, to recover for the pecuniary loss to the widow and next of kin of deceased, resulting from his death, which was occasioned, as it is alleged, by the negligence of the village, in causing an excavation to be made in one of…
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Appeal from the Superior Court of Cook county; the Hon. Hollín S. Williamson, Judge, presiding. This was an action of case under the statute, brought by the administrators of Joseph E. Rood, deceased, the appellees, against the village of Lemont, appellant, to recover for the pecuniary loss to the widow and next of kin of deceased, resulting from his death, which was occasioned, as it is alleged, by the negligence of the village, in causing an excavation to be made in one of its streets, and suffering the same to remain at night without any signal lights or sufficient barriers. It appeared on…
1Opinion of the CourtMcAllister, J.
It is not claimed in this case that the village of Lemont was not authorized by law to make the improvement, in the course of which the excavation or ditch in question became necessary. Nor is it claimed that the corporation did not owe to the public the duty of keeping its streets in a reasonably safe condition for travel Tooth by day and by night. But although the corporation had the legal authority to make the ditch or excavation for such purpose, yet the law required it, while pursuing the work, to use reasonable precautions for the security of the public, such as barriers, lights or…
2Cases cited7 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Bassett v. . FishNew York Court of Appeals · 1878
- Rowan v. StateWisconsin Supreme Court · 1872
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
- Brooks v. Inhabitants of SomervilleMassachusetts Supreme Judicial Court · 1871
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3Cited by1 opinion
- Armagast v. Medici Gallery & Coffee House, Inc.Appellate Court of Illinois · 1977