City of Centralia v. Krouse

Citations

• 64 Ill. 19

Syllabus

<p>1. Municipal corporation—negligence in not Timing repaired sidewalk. Where a fire had destroyed eleven buildings in a city, and greatly damaged the sidewalk in front of the same, which was of plank, so that the same was almost impassable, and the plaintiff, who was far advanced in life, not more than ten days after the fire, in attempting to reach his premises» which had been burned, fell and sustained serious bodily injury, the officers of the city having erected a temporary fence to prevent persons from falling into the excavations where the buildings formerly stood, and it not appearing that there was any suitable weather for repairing the walk before the accident: Reid, under the circumstances,.that the city was not guilty of negligence in not repairing the-walk in so short a period of time.</p> <p>2. Same—degree of care required, to a/eoid liability. A municipal corporation is not liable for every accident that may occur within its limits. Its officers are not required or expected to do every possible thing that human energy or ingenuity can do to prevent the happening of accidents or injury to the citizen. When they have exercised a reasonable care in that regard, they have discharged their duty to the public.</p> <p>8. Same—time to repair. Where the sidewalk in a city is damaged by fire or other calamity, and rendered dangerous to pass over, and there is a good and safe walk on the other side of the street, there can be no just cause of complaint until a reasonable time shalLelapse in which the city can make, or cause the property owners to make, the necessary repairs.</p> <p>4. Negligence—contributory. Where the sidewalk in a city was rendered almost impassable by fire, so that the danger of passing over was apparent to every one, and there was a safe walk on the other side of the street, and the plaintiff, being far advanced in years, attempted to pass over the damaged walk in daylight, knowing its condition, and that it was covered with sleet and ice, w