City of Bloomington v. Bay

Citations

• 42 Ill. 503

Syllabus

<p>1. Streets — sidewalks a part of. The streets of a city extend to and include that portion thereof occupied and used for sidewalks. The establishment of sidewalks is an act of the city authorities. The space occupied therefor is a part of the street as originally established. In a grant by the legislature of control over the streets of a city to the city authorities, control over the sidewalks passes to them, they being a part of the street.</p> <p>3. Same — duty of city to repair sidewalks. The streets of a city being under the control of the city authorities, imposes on the city the duty of keeping them in repair, and, as sidewalks are a part of the street, a like duty is imposed to keep them in repair.</p> <p>3. Damages—ingury from neglect of duty. The rule is well settled, that, where a plain duty is neglected, and one is injured by such neglect, the party upon whom the duty is imposed is liable for the damages sustained. Thus, where an injury was sustained by reason of defect in a sidewalk, which it was the duty of the city to keep or have kept in repair, the city is liable in damages for accidental injury sustained by reason of such defect.</p>