Carney v. Village of Marseilles

Citations

• 136 Ill. 401
• 26 N.E. 491

Syllabus

<p>1. Municipal corporations—streets and bridges—duty to keep in repair—liability. The general Incorporation law gives to cities and' villages the absolute control of the streets, bridges, etc., within their corporate limits, and of this power, and the resulting duty to keep their streets and bridges in reasonable repair so that the public may pass over them in safety, such cities and villages can not divest themselves.</p> <p>2. Same—lack of funds to keep streets and bridges in safe condition— resulting duty—and liability. While a municipal corporation can not be required to make improvements or repairs the cost of which will be in excess of its corporate power to raise money for such purposes, yet, having exclusive control, it is required by law to maintain its bridges kept open for the public use in a reasonably safe condition.</p> <p>3. If, for any reason, as, that the cost of repair will be more than the funds at its disposal which it might by the exercise of its corporate powers command, the repair is impossible, the street or bridge, if known to be unsafe, should not be left open and held out to the public as safe for its use, but should be closed, and the public warned, by notice, of the danger of passage over the same.</p> <p>4. If a city or village allows a bridge on a public street to remain open for the public use after it is known to be unsafe, without warning or notice of the danger in its use, the municipality will be estopped, in a suit for damages resulting from its want of a discharge of its duty, from showing that it had no funds with which to repair the same. .</p> <p>5. Same—power of taxation—change therein—whether affecting prior liability. A change in the organization of a village, by its adoption of the general Incorporation law, after a cause of action has accrued against it, whereby it is authorized to levy and collect a tax of two per cent instead of one-half of one per cent, will in no manner affect the liability of the village, but the s