Legal Opinion

City of Rockford v. Hildebrand

Illinois Supreme Court

Decided September 15, 1871PublishedCited by 6 opinions

Appeal from the Circuit Court of Winnebago county; the Hon. William Brown, Judge, presiding. This was an action on the case, brought by appellee in the Winnebago circuit court, against appellant, to recover for injuries sustained from a fall occasioned by a defect in a sidewalk in the city. The declaration contained four counts in the usual form, to which the defendant pleaded not guilty.

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Appeal from the Circuit Court of Winnebago county; the Hon. William Brown, Judge, presiding. This was an action on the case, brought by appellee in the Winnebago circuit court, against appellant, to recover for injuries sustained from a fall occasioned by a defect in a sidewalk in the city. The declaration contained four counts in the usual form, to which the defendant pleaded not guilty. The case was tried at the January term, 1871, by the court and a jury, resulting in a verdict in favor of plaintiff for §1500. After overruling a motion for a new trial, the court below rendered judgment on…

1Opinion of the CourtJustice Sheldon

The first error assigned on this record is, that the verdict is against the evidence.

It is urged that the evidence is insufficient, as showing either negligence on the part of the city or that there was the exercise of ordinary care on the part of the plaintiff.

The defect complained of as the cause of the alleged injury, ivas in the connection of the sidewalk with an alley crossing. At their intersection the alley was some six or eight inches beloAV the level of the sideivalk, and a sloping plank Avas set from the sidewalk on to the alley crossing at an angle of about forty-five degrees. The…

2Cases cited3 opinions

  1. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  2. Browning v. City of SpringfieldIllinois Supreme Court · 1855
  3. City of Bloomington v. BayIllinois Supreme Court · 1867

3Cited by6 opinions

  1. City of Rock Island v. GinglesIllinois Supreme Court · 1905
  2. Mayor of Wilmington v. EwingSupreme Court of Delaware · 1899
  3. Yocum v. Town of TrentonMissouri Court of Appeals · 1886
  4. Chicago Union Traction Co. v. GrommesAppellate Court of Illinois · 1903
  5. O'Neill v. Chicago & N. W. Ry. Co.U.S. Circuit Court for the District of Iowa · 1881

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