City of Peru v. French

Citations

• 55 Ill. 317

Syllabus

<p>1. Compromise—effect of a proposition to compromise, upon the rights of the party making it. A mere proposition made by a party to take a certain sum, by way of compromise or in settlement of his claim against another, is in no way binding unless accepted by the latter; nor will the fact that a party has so offered to settle his claim, operate to his prejudice in case he afterwards resorts to his action to recover the same.</p> <p>2. Same—authority of attorney to withdraw the same. The defendant in an action brought in the name of Laura A. French, offered in evidence a paper addressed to the defendant, purporting to withdraw a proposition to accept a certain sum for damages suffered by the party signing it, by reason of the negligence of the defendant, and signed “ Augusta L. French,” by a third person, “ her attorney”: Held, aside from the view that if the plaintiff made such a proposition, it was not binding upon her unless accepted, the paper did not purport to be signed in the true name of the plaintiff, nor did it appear the attorney had authority to send such a paper to the defendant, and it was, therefore, not error to reject it.</p> <p>3. New trial—verdict against the evidence. The verdict of a jury should not be disturbed, unless, upon examination of the evidence in the record, it appears to have been the result of passion or prejudice, or is manifestly agaiust the weight of the evidence.</p> <p>4. Incorporated cities—liability for injuries resulting from defective highways. Incorporated cities are liable, in this State, to a private action for the recovery of damages resulting from a neglect of duty on the part of the city authorities to keep its streets and cross walks in repair.* </p> <p>5. Excessive damages—action against a city. In an action against a city to recover damages for injuries sustained by the plaintiff in consequence of the omission on the part of the city to keep a certain street crossing in repair, it appearing the plaintiff had her le