Legal Opinion

City of Chicago v. Loebel

Appellate Court of Illinois

Decided December 11, 1906No. Gen. No. 12,785PublishedCited by 1 opinion

Action on the case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Charles A. Bishop, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

1Opinion of the CourtJustice Smith

It is contended on behalf of appellant that there is no liability on the part of the city for the alleged injuries to appellee.

The liability in this case is not predicated upon a duty on the part of the city to construct aprons or bridges over drains or gutters. The liability of the city is placed upon the ground that having adopted it and permitted and acquiesced in the long-continued use of the apron by the public as a part of the sidewalk the city was bound to exercise care and maintain it in a reasonably safe condition for public use. This position, we think, is amply sustained by the…

2Cases cited8 opinions

  1. City of Aurora v. HillmanIllinois Supreme Court · 1878
  2. City of Atlanta v. ChampeSupreme Court of Georgia · 1881
  3. Hogan v. City of ChicagoIllinois Supreme Court · 1897
  4. City of Aurora v. DaleIllinois Supreme Court · 1878
  5. City of Chicago v. BakerAppellate Court of Illinois · 1901

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3Cited by1 opinion

  1. Chesapeake & Ohio Railway Co. v. McCulloughCourt of Appeals of Kentucky (pre-1976) · 1929

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