City of Chicago v. Dermody

Citations

• 61 Ill. 431

Syllabus

<p>1. Negligence—corporations liable for. A city, erecting a public building, or making an improvement in a negligent manner, is liable for resulting injury.</p> <p>2. Responsibility—of principal, for acts of servants, agents and contractors. A contract for such work, to be performed under direction and supervision of a board of public works and of superintendents, fixes the liability of the corporation throughout.</p> <p>3. It is no defense that the contractor abandons the plan prescribed and substitutes his own without consent, for it is the duty of the corporation to see that the work be well done, but according to the specifications.</p> <p>4. Master and servant. The same rule applies, in such case, to the city as is applied to master and servant. The city, by retaining charge of the work, must be held responsible for the manner in which it is performed. The contractors are the servants of the city, and the doctrine of respondeat superior applies. This case falls fully within the case of The City of Chicago v. Joney, 60 Ill. 383, and is governed by it.</p> <p>5. Jury—undue influence. The presence in a jury room, through inadvertence, of a newspaper containing matter of a nature to influence the jury, is not cause for setting aside the verdict, after affirmative proof that it was not read by them or in their'hearing.</p> <p>6. Verdict—impeachment of. It is the well settled practice that, while the court will never receive affidavits of jurors to impeach their verdict, affidavits of jurors will be received to support their findings when attacked.</p>