City of Centralia v. Scott

Citations

• 59 Ill. 129

Syllabus

<p>1, Incorporated cities—liability for injuries resulting from defective highways. Chartered cities are liable for injuries, resulting from neglect to keeii their streets in proper condition.* </p> <p>3. Same—of contributory negligence. In an action against a chartered city, to recover for injuries received by the plaintiff, by reason of being thrown from his wagon in going over a defective crossing, while his horses were running away, it was held, the fact, that one of the plaintiff’s horses had previously, on several occasions, run away, was not, of itself, a conclusive reason why the plaintiff should not recover.</p> <p>3. Such circumstance was properly left to the jury for them to consider, and weigh it in connection with the alleged negligence’ of the defendant, and in determining the degree of the plaintiff’s care or negligence in driving his team.</p>