City of Chicago v. Bixby

Citations

• 84 Ill. 82

Syllabus

<p>1. City—duty in respect to sidewalk and step to lower grade. A city is bound only to the exercise of reasonable prudence and diligence in the construction of a step from a higher to a lower sidewalk, and is not required to foresee and provide against every possible danger or accident that may occur. It is only required to keep its streets and sidewalks in a reasonably safe condition, and is not an insurer against accidents.</p> <p>2. Negligence—injury from defects in sidewalk. In an action against a city, to recover for a personal injury resulting from negligence in the construction of steps from a higher to a lower part of a sidewalk, it is error to instruct the jury that if the steps were improperly constructed the city is liable, as ignoring the question of their safety by the use of reasonable care.</p> <p>3. Instruction-—must not assume a fact in issue. An instruction should not assume a fact which is for the jury to find from the evidence, as, that a certain condition of a step or steps communicating from one portion of a sidewalk to another caused a party to fall.</p>