Legal Opinion

City of Rock Island v. Cuinely

Illinois Supreme Court

Decided November 15, 1888PublishedCited by 18 opinions

Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Bock Island county; the Hon. Abthub A. Smith, Judge, presiding.

1Opinion of the CourtJustice Shops

Appellee recovered, in the Rock Island circuit court, against appellant, the city of Rock Island, a judgment for $1100, for personal injuries, occasioned, as it is alleged, by falling upon a defective sidewalk, which it was the duty of the city to keep in repair. That judgment was affirmed in the Appellate Court, and this further appeal is' prosecuted by the city.

It is objected, there is a material variance between the allegations of the declaration and proof, both as to the cause and character of the injury. The declaration, after averring the duty of the city to keep the particular sidewalk…

2Cases cited3 opinions

  1. Brush v. LemmaIllinois Supreme Court · 1875
  2. City of Bloomington v. GoodrichIllinois Supreme Court · 1878
  3. Cheetham v. TillotsonCourt for the Trial of Impeachments and Correction of Errors · 1809

3Cited by18 opinions

  1. Chicago & Grand Trunk Railway Co. v. SpurneyIllinois Supreme Court · 1902
  2. City of Joliet v. JohnsonIllinois Supreme Court · 1898
  3. People Ex Rel. Wellman v. WashburnIllinois Supreme Court · 1951
  4. Vahle v. BrackenseikIllinois Supreme Court · 1893
  5. City of Chicago v. MooreIllinois Supreme Court · 1891

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