City of Champaign v. Patterson

Citations

• 50 Ill. 61

Syllabus

<p>1. Admitting improper evidence—obviated by instructions. Although improper evidence may be admitted upon the trial, yet, if its effect is so far restrained by the instructions to the jury, that it could not affect the verdict, the judgment will not be reversed because of its admission.</p> <p>2. Evidence—admissibility. In an action against a city, for damages, resulting from, a defective sidewalk and street crossing, it is competent for the plaintiff to give in evidence an ordinance of the city, which shows that the city had taken under its cognizance and control these structures, as thereby the duty would devolve upon the city to keep them in repair.</p> <p>3. Municipal corporations—keeping sidewalks and street crossings in repair. Where it appears from a city ordinance, prescribing the duties of the street supervisor of the city, in regard to keeping sidewalks and street crossings in repair, that they had taken such structures under their cognizance and control— the neglect on the part of such official to exercise such power, so given him by the ordinance, will make the city liable for any damage resulting from such omission of duty.</p> <p>4. A person has a right to use the usual street crossings in a city, though it be a covering for a drain, if the inhabitants of the city and others used it for a crossing; and if he receives injuries by reason of its unsafe condition, which the street supervisor was authorized by city ordinance to obviate, but did not, the city must respond in damages.</p> <p>6. In an action against a city to recover damages for injuries alleged to have resulted from a defective sidewalk or street crossing, in the city, it was field, to be incompetent for the defendant to give evidence of the manner in which other cities and towns of similar size and character, in the immediate section of country, constructed their walks and crossings, for their neglect would neither be excuse nor justification for the particular neglect out of which the all