City of Chicago v. McCarthy

Citations

• 75 Ill. 602

Syllabus

<p>1. Negligence — injury from defective sidewalk. In a suit against a city to recover damages for a personal injury caused by a fall, occasioned by an alleged defect in the sidewalk, where the proof showed that the walk was a new one, laid not more than seven days before the accident, and failed to show that knowledge of any defect therein had come to any of the city authorities, either actual or constructive, and where it was evident that the fall was attributable to the plaintiff’s want of ordinary care, it was held that a verdict for the plaintiff was not sustained by the evidence.</p> <p>2. Same — notice of defective walk. In an action against a city to recover for a personal injury to the plaintiff, caused by a fall from an alleged defect in a sidewalk upon a public street, if the walk was properly and safely constructed a short time before the accident, and appeared to be in a safe condition, the city will not be liable for the injury, without proof that it or some of its officers, agents or servants, having charge of such matters, had actual knowledge of the defect causing the fall, or proof that the defect had existed for such length of time before the injury, that the city authorities, if exercising ordinary diligence, would or should have known of its existence,</p>