City of Chicago v. Keefe

Citations

• 114 Ill. 222

Syllabus

<p>1. Cities and villages—injury from defective sidewalks—duty and liability in respect thereto. On principles of common law, an action lies-against a municipal corporation, for damages resulting from its negligence in keeping public streets and sidewalks in repair, where the duty to make the repairs is fully declared, and adequate means are furnished the city to perform the duty.</p> <p>2. A city incorporated under the general Incorporation law owes the duty of keeping its streets, sidewalks, etc., in repair, and is clothed with adequate-powers and means for that purpose.</p> <p>3. Same—as to the character of use of a street or sidewalk allowable, in view of the liability of the municipality. The statute does not impose-the duty upon incorporated cities to keep their streets and sidewalks in proper-repair for travelers only, but for all persons lawfully using the same, without regard to the motives and objects of those passing over them. Persons using-them for recreation or amusement not unlawful, or from mere idle curiosity, are as much within the protection of the law as those in the pursuit of their legitimate and necessary business.</p> <p>4. So a city incorporated under the general law is liable in damages to-the next of kin of a child, who, while rolling a hoop along a sidewalk out of repair, is injured in consequence of the defective state of the sidewalk, and who dies from such injury, when such child, at the time of the accident, was not guilty of negligence in failing to use the care for its safety required of one of its age, and when the city had notice of the unsafe condition of the-walk before that time, or might have known its condition by ordinary care- and diligence. And it makes no difference that such child was rolling a hoop-at the time of the injury, when there is no ordinance prohibiting or regulating: the rolling of hoops upon the sidewalks.</p> <p>5. Same—of imputing negligence to a minor in the use of a sidewalk. In determining whether a boy