City of Chicago v. Baker
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. Appellee sued appellant in the superior court of Cook couuty to recover damages for an injury to his person, alleged to have been caused through the negligence of the defendant city. The amended declaration, upon which the trial was had, consisted of two counts.
Read the full summary
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. Appellee sued appellant in the superior court of Cook couuty to recover damages for an injury to his person, alleged to have been caused through the negligence of the defendant city. The amended declaration, upon which the trial was had, consisted of two counts. The first alleged that it was the duty of defendant to keep its streets in a reasonably safe condition and repair, but that it failed and neglected “to keep and maintain…
1Opinion of the CourtChief Justice Wilkin
The principal proposition advanced by counsel for appellant upon which a reversal of the judgment below is urged is, “that a municipal corporation is under no obligation to erect barriers to prevent persons of the public straying from the limits of its highways.” It can scarcely be contended that this is a correct statement of the law as applicable to all cases, and the authorities cited in support of it clearly show that it is not. All that is held by those cases is, that under the facts there presented it was not negligence on the part of the municipality to fail to erect and maintain such…
2Cases cited3 opinions
- City of Freeport v. IsbellIllinois Supreme Court · 1876
- Village of Mansfield v. MooreIllinois Supreme Court · 1888
- Stockwell v. Inhabitants of FitchburgMassachusetts Supreme Judicial Court · 1872
3Cited by7 opinions
- Janssen v. City of SpringfieldIllinois Supreme Court · 1980
- City of Clarksville v. DeasonCourt of Appeals of Tennessee · 1928
- Richmond v. City of MarseillesAppellate Court of Illinois · 1914
- City of Chicago v. KublerAppellate Court of Illinois · 1907
- City of Chicago v. McKennaAppellate Court of Illinois · 1904
2 more not listed; retrieve them via the Exa API.