City of Springfield v. Le Claire

Citations

• 49 Ill. 476

Syllabus

<p>1. Municipal corporations—liability of—for safe condition of streets. Where the duty is imposed by law upon a municipal corporation, to keep its streets in a safe condition for use by the public, an action on the case will lie against it for damages arising from a neglect of such duty.</p> <p>2. Same—primary liability of. And in such case, the duty being imposed upon the corporation, it cannot be shifted to a person who had been employed to perform it, and if an injury results from neglect of such duty, the corporation must be held liable for the damage.</p> <p>3. Former decisions. Lesher et al. v. The Wabash Navigation Co., 14 Ill. 85 ; Hinde v. Same, 15 ib. 72; Chicago, St. P. & Fond du Lac R. R. Co. v. McCarthy, 20 ib. 385; Browning v. City of Springfield, 17 ib. 143; Scammon v. City of Chicago. 25 ib. 424, and City of Bloomington v. Bay, 42 ib. 503, cited in support of this doctrine.</p> <p>4. Corporations—duty of—in exercising their powers. Corporations, like individuals, are required to execute their rights and powers with such precautions as shall not subject others to injury.</p> <p>5. Municipal corporations—negligence of-—what defenses not allowed. In an action against a municipal corporation, for injuries alleged to'have been sustained by the plaintiff from falling into a sewer, which, under a contract with the corporation was in process of construction, in one of the public streets, the defendant filed two special pleas, by the first of which, liability was sought to be thrown on the contractor who was engaged in the work, and the second plea was based upon a clause in the charter of the city, to the effect that it should not be held liable for any damages arising from the bad condition of its streets, from neglect to repair the same, until a certain officer should have been notified thereof, and failed to repair the same within a reasonable time after such notice. A demurrer was sustained to these pleas, and judgment rendered thereon. Held, that this