City of Alton v. Hope

Citations

• 68 Ill. 167

Syllabus

<p>1. Municipal cokpobation—liability for injury from, want of repair to gutters on streets. The legal liability of a city to lay out a street, build sidewalks, construct gutters, and grade and pave streets, is voluntarily assumed; but when the city constructs these improvements for the benefit of the public, it then becomes its duty to see that they are kept in repair.</p> <p>% Where a city suffered a gutter in a street, which it had constructed, to get out of repair, so that the water, which it should have carried off, was thrown upon the lots of an individual near by, and such person’s buildings damaged in consequence of the flooding of the lots, it was held, that the city was liable for the damages so caused. .</p> <p>3. Error—which does no prejudice. Although a refused instruction might properly have been given, yet when it is evident that its refusal worked no prejudice to the party asking it, the judgment will not be reversed for such error.</p>