City of Pekin v. Newell
Illinois Supreme Court
This action was trespass on the case, brought by Newell against the city of Pekin, to recover the value of a horse killed by falling through a bridge, leading from the river bank opposite Pekin to the bluff, and tried before Harriott, Judge, and a jury, at the February term, 1861. Plea, the general issue.
Read the full summary
This action was trespass on the case, brought by Newell against the city of Pekin, to recover the value of a horse killed by falling through a bridge, leading from the river bank opposite Pekin to the bluff, and tried before Harriott, Judge, and a jury, at the February term, 1861. Plea, the general issue. The proof shows that the plaintiff below was riding a horse across the bridge on a walk along the traveled track, when the plank gave way and the horse fell through and was rendered useless. The plaintiff below gave in evidence the act under the authority of which the bridge was erected;…
1Opinion of the CourtCaton, C. J.
By the law, the city of Pekin was authorized “ to build and construct an embankment and plankroad across the Illinois river bottom opposite said city.” Under this authority the city constructed a pile bridge across the bottom in so careless a way that the horse of the plaintiff, when rightfully passing along the way, fell through and was killed. The city now says that it was only authorized to build an embankment and plankroad, and that in building this pile bridge it exceeded its authority, and hence it was not the act of the city, but only of its officers, who did it in the name of the…
2Cited by11 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Haag v. Board of Comm'rs of Vanderburgh Co.Indiana Supreme Court · 1878
- Stanley v. City of DavenportSupreme Court of Iowa · 1880
- Greeley Irrigating Co. v. HouseSupreme Court of Colorado · 1890
6 more not listed; retrieve them via the Exa API.