City of Bloomington v. Chamberlain
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal cfrom the Circuit Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding. This was an action on the case, brought by appellee, in the circuit court, against the city of Bloomington, for the recovery of damages for personal injuries occasioned, as it is alleged, by the negligence of the city in permitting a defective sidewalk to remain out of repair.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal cfrom the Circuit Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding. This was an action on the case, brought by appellee, in the circuit court, against the city of Bloomington, for the recovery of damages for personal injuries occasioned, as it is alleged, by the negligence of the city in permitting a defective sidewalk to remain out of repair. A trial resulted in a judgment for the plaintiff, which, upon appeal, was affirmed in the Appellate Court. The defendant thereupon appealed to this…
1Opinion of the CourtJustice Sheldon
The errors assigned are in the refusal of instructions and the admission of evidence. One of the refused instructions asked by defendant was, that if plaintiff knew of the defective condition of the sidewalk, it was her duty to exercise a high degree of care while passing over it. The degree of care which the law required the plaintiff to exercise, was ordinary care, under all the circumstances of the ease. The plaintiff’s knowledge as to the condition of the sidewalk, would be one of such circumstances to be considered by the jury in determining whether there had been the exercise of…
2Cases cited5 opinions
- Tomlinson v. Town of DerbySupreme Court of Connecticut · 1876
- City of Chicago v. O'BrennanIllinois Supreme Court · 1872
- City of Aurora v. HillmanIllinois Supreme Court · 1878
- City of Centralia v. KrouseIllinois Supreme Court · 1872
- Luck v. City of RiponWisconsin Supreme Court · 1881
3Cited by26 opinions
- Chicago & Erie Railroad v. MeechIllinois Supreme Court · 1896
- Wabash Western Railway Co. v. FriedmanIllinois Supreme Court · 1892
- City of Sandwich v. DolanIllinois Supreme Court · 1892
- The Town of Norman v. TeelSupreme Court of Oklahoma · 1902
- Chicago Union Traction Co. v. MayIllinois Supreme Court · 1906
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