City of Springfield v. Le Claire
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. Edwabd T. Bice, Judge, residing. This was an action on the case, brought in the court below, by the appellee, against the appellant, to recover damages for injuries alleged to have been sustained by him from falling into a sewer which was being made in one of the streets of the city. The defendant pleaded the general issue, and two special pleas.
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Appeal from the Circuit Court of Sangamon county; the Hon. Edwabd T. Bice, Judge, residing. This was an action on the case, brought in the court below, by the appellee, against the appellant, to recover damages for injuries alleged to have been sustained by him from falling into a sewer which was being made in one of the streets of the city. The defendant pleaded the general issue, and two special pleas. Joinder was had on the plea of the general issue, and a general demurrer was filed to the special pleas, ■which the court sustained, and rendered judgment thereon. A trial- was had thereupon,…
1Opinion of the CourtChief Justice Breese
The questions presented by this record arise out of the ruling of the circuit court on the special pleas of the defendant, appellant here. There are two of these, by the first of which, responsibility is sought to be thrown on the contractor who made the sewer.
That the city may not be liable, within the meaning of the rule respondeat superior, for the acts of its contractors or their workmen while engaged in effecting a lawful object, is not the question here. The question is, was there a duty resting upon the city, growing out of, the franchises conferred upon it, to keep its public streets…
2Cases cited3 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Lesher v. Wabash Navigation Co.Illinois Supreme Court · 1852
- Clayburgh v. City of ChicagoIllinois Supreme Court · 1861
3Cited by27 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- City of Chicago v. SebenIllinois Supreme Court · 1897
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- City of Logansport v. DickIndiana Supreme Court · 1880
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
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