City of Sterling v. Merrill

Citations

• 124 Ill. 522
• 17 N.E. 6

Syllabus

<p>1. Negligence—injury from defective sidewalk—notice—presumption. In an action against a city to recover for a personal injury received from a defective sidewalk, it is not essential that the evidence should show actual notice to the city authorities of the defective condition of the walk. If the defect in the walk has existed for such a length of time before the accident as that the city authorities might have discovered it by the use of reasonable diligence, then the city will be presumed to have had notice of it.</p> <p>2. Instructions—repeating. There is no error in refusing to give an instruction when the same idea or proposition is clearly given in others, both on behalf of the plaintiff and defendant, nor where one is given which contains all that is material or essential in the one refused.</p> <p>3. Same—must be based on evidence. Instructions must be based upon evidence. When based on a fact of which there is no evidence, or evidence tending to prove, it is properly refused.</p> <p>4. Same—should not be obscure or misleading. Instructions should not be obscure and misleading, but should be expressed in clear and precise language.</p> <p>5. New trial—newly discovered evidence. A verdict will not be set aside to admit newly discovered evidence which is merely cumulative, and not conclusive in its character.</p>