City of Rock Falls v. Wells
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Whiteside county; the Hon. James Shaw, Judge, presiding. Appellee recovered a judgment for $2500, which has been affirmed by the Appellate Court, against appellant, for a personal injury received by her on North street, a public street of the appellant, caused, as it is alleged, by an obstruction in said street.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Whiteside county; the Hon. James Shaw, Judge, presiding. Appellee recovered a judgment for $2500, which has been affirmed by the Appellate Court, against appellant, for a personal injury received by her on North street, a public street of the appellant, caused, as it is alleged, by an obstruction in said street. Appellee, in company with her sister, a young girl, was riding in a sleigh drawn by one horse, and soon after turning into said street from another saw a runaway horse…
1Opinion of the CourtJustice Carter
The only contention made by appellant on this appeal is, that the negligence of appellant in allowing North street to be and remain obstructed and in the condition dangerous to those passing over it, as shown by the evidence, was only the remote, and not the proximate, cause of the injury; that the intervening efficient cause of the injury was the runaway horse, with which the city had nothing to do. This is a question of fact, which has been determined adversely to appellant by the Appellate Court. The instructions were certainly as favorable to the defendant as the law warranted. In…
2Cases cited1 opinion
- City of Joliet v. VerleyIllinois Supreme Court · 1864
3Cited by14 opinions
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- Blankenship v. City of WilliamsonWest Virginia Supreme Court · 1926
- Johnston v. City of East MolineAppellate Court of Illinois · 1949
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