Browning v. City of Springfield
Illinois Supreme Court
Browning brought his action in damages against the City of Springfield, alleging that it was the duty of the city to keep a certain street in repair, which duty had been neglected, in consequence thereof he had fallen and. broken his leg. To this action the city interposed a demurrer. The demurrer by consent was sustained by Davis, Judge, presiding, at November term, 1850, of the Sangamon Circuit Court.
1Opinion of the Court
Scates, C.' J.
The case is one for negligence in not repairing the streets; and may be distinguishable from a case for carelessness, negligence or unskillfulness in the manner of doing work, or malting repairs. Parties might be liable civilly for private damage for the latter, who were not so liable for the former. Corporations like individuals are liable for the negligent, unskillful acts of their servants and agents, in the performance of their work in such manner as to injure the property of others. Sic utere tuo non alienas laedas, is applicable to all, and should afford practical redress…
2Cases cited1 opinion
- People v. Commissioners of Highways of City of HudsonNew York Supreme Court · 1831
3Cited by33 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- City of Chicago v. KeefeIllinois Supreme Court · 1885
- Elmore v. Drainage CommissionersIllinois Supreme Court · 1890
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