City of Decatur v. Fisher

Citations

• 53 Ill. 407

Syllabus

<p>1. Highways—duty and liability of cities for safe condition of their streets. The authorities of a city under whose control are its streets and sidewalks, are liable in damages for injuries occasioned by reason of the streets and sidewalks being out of repair.</p> <p>2. Measure of damages—for negligence on the part of municipal corporations. But it has never been the doctrine of this court, or of any other, that a municipal corporation shall be held liable for more than compensatory damages, unless there shall be proof the injury complained of was willful, which is scarcely possible in'the case of a corporation of that description.</p> <p>3. Willful negligence—of evidence thereof. The mere non-feasance of city authorities in respect to repairing a defective sidewalk, they having no knowledge thereof, cannot be charged as willful negligence.</p> <p>4. Excessive damages. In an action against a city to recover for injuries received by the plaintiff, by reason of a defective sidewalk, it appeared the plaintiff was a girl, about twenty years of age, who was employed as hired help, and, as such, probably received one hundred dollars per annum. Her injuries were not of such character as to prevent her still earning her living by labor she was qualified to do. A verdict of $3000 was set aside as excessive.</p>