City of Flora v. Naney

Citations

• 136 Ill. 45
• 26 N.E. 645

Syllabus

<p>1. Negligence—defective sidewalk—duty and liability of the municipality. The fact that a sidewalk is in the suburbs of a city, and upon a street but little used, or built by a private person with the knowledge and consent of the city authorities, will not relieve the city from liability for an injury caused by such walk being out of repair and permitted to remain out of repair, and in an unsafe condition, after notice. It is the duty of a city to keep its sidewalks in a reasonably safe condition, and its obligation in this respect is not lessened by the peculiarities of the location or the extent of the use.</p> <p>2. Even where a sidewalk has been constructed in a city by a private person, the corporation must use reasonable care to keep it in a reasonably safe condition, and for neglect of duty in that regard it will be liable for an injury thereby caused to one using ordinary care while passing over such walk.</p> <p>3. Same—injury from defective sidewalk—ordinary care—knowledge of the condition of the walk. Although a person passing along a sidewalk may know that the walk is out of repair, the law will not require him to go out into the street and pass around the walk, but he may, notwithstanding such knowledge, recover for a personal injury occasioned by the defective walk, if he uses ordinary and reasonable care.</p> <p>4. However, the plaintiffs knowledge of the defective condition of a sidewalk over which he attempts to pass, and from which he receives an injury, is one of the circumstances to be considered by the jury in determining whether he was, at the time of the accident, in the exercise of ordinary care.</p> <p>5. Practice—response to special question—directing the jury to the contrary. In an action against a city for personal injury caused by a defective sidewalk, the trial court refused an instruction asked by the defendant, to the effect that the plaintiff would be precluded from a recovery if she went upon the sidewalk or continued her walk the