City of Galesburg v. Higley

Citations

• 61 Ill. 287

Syllabus

<p>1. Municipal corporation-power over streets and sidewalks. Where the city charter clothes it with power, and it is theduty of the city, to prevent obstructions from continuing in the streets and sidewalks, it is gross negligence, if known to the city officials, to permit an opening in a sidewalk, made to admit light into the basement of an adjoining building, to remain a long time without gratings or other protection, and to permit large goods boxes to remain piled upon the opposite side of the walk so as to impede and endanger the safety of persons passing along the walk; and when continued a great while, the city will be charged with notice of the defects and obstructions, and is liable for injuries produced thereby.</p> <p>2. Instructions—finding of jury under. An appellate court will not say a jury has disregarded an instruction when the evidence is conflicting, and it is a fair question for the jury to determine -whether they shall believe the witnesses on the one side rather than the other; nor will the court say that the witness was impeached because other witnesses testified to contradictory statements said to have been made by him, especially when the contradicting witnesses are not positive in their testimony,and the witness sought to be impeached is corroborated by other evidence.</p> <p>3. Damages—verdict. A verdict will not be set aside in this class of cases because the damages appear to be large. They must be excessive and palpably so, before the court will interfere.</p>