City of Chicago v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action on the case, bronght by the appellee against the appellant, in the court below, to recover for injuries received and occasioned, as alleged, from the negligence of appellant, in not keeping its streets in a safe and suitable condition for persons traveling thereon.
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Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action on the case, bronght by the appellee against the appellant, in the court below, to recover for injuries received and occasioned, as alleged, from the negligence of appellant, in not keeping its streets in a safe and suitable condition for persons traveling thereon. The case was tried before the court and a jury, and a verdict of $1,311.00 rendered for the plaintiff. A motion for a new trial was made and overruled, and judgment entered on the verdict, to reverse which the record is…
1Opinion of the Court
Hr. Chief Justice Bueese
delivered the opinion of the Court:
It is not denied, the City of Chicago is liable to an action for any injury occasioned to a person by reason of the dangerous condition of the sidewalks or streets of the city, under the control of its authorities, such person using proper care to guard against accidents to which he may be exposed by reason of such condition of a street or sidewalk under such control.
The testimony shows great negligence on the part of the city authorities in suffering the catch-basin of this hydrant to be so clogged and filled up, as to render it…
2Cited by11 opinions
- Magaha v. Mayor of HagerstownCourt of Appeals of Maryland · 1902
- Hillman v. SchwenkMichigan Supreme Court · 1888
- Pollard v. PeopleIllinois Supreme Court · 1873
- Stanke v. City of St. PaulSupreme Court of Minnesota · 1898
- United States Express Co. v. HutchinsIllinois Supreme Court · 1871
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