City of Chicago v. Watson
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. This was an action on the case brought by appellee against appellant, to recover damages for personal injury to the former, occasioned by reason of the latter having wrongfully and negligently suffered the sidewalk upon a portion of Third Avenue in the city of Chicago, to be and remain in a bad and unsafe condition, and divers planks wherewith such sidewalk was laid, to be and remain…
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Appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. This was an action on the case brought by appellee against appellant, to recover damages for personal injury to the former, occasioned by reason of the latter having wrongfully and negligently suffered the sidewalk upon a portion of Third Avenue in the city of Chicago, to be and remain in a bad and unsafe condition, and divers planks wherewith such sidewalk was laid, to be and remain broken and unfastened, by means whereof, etc., the plaintiff then and there passing thereon, tripped, stumbled and fell,…
1Opinion of the CourtMcAllister, J.
The law does not regard the corporate duties of the city of Chicago as placing the corporation in the position of insurer against accident to individuals upon its streets and sidewalks, or require any absolute degree of perfection in respect thereto. Hence it follows that it is not liable for every defect therein, though such defect may be the cause of .the injury sued for. In the absence of any acts of positive misfeasance on the part of the corporation, its officers, servants, or others acting under its authority, within the scope of its powers, it is responsible only for the exercise of…
2Cited by2 opinions
- City of Chicago v. GurrellAppellate Court of Illinois · 1907
- Pfeifer v. Town of LakeAppellate Court of Illinois · 1890