Gridley v. City of Bloomington

Citations

• 68 Ill. 47

Syllabus

<p>1. Pleading and evidence—when unnecessary particularity must be proved. Where it is sought to charge a defendant with liability for injuries received, through a waut of keeping in proper repair a covering of a vault in the sidewalk of a public street, the declaration must state the nature of the defendant’s liability, and it must be proved as laid. Although this may be done by a general mode of allegation, yet if, instead of doing so, the plaintiff states the ground of the defendant’s liability with unnecessary particularity, he must prove it as laid.</p> <p>3. Thus, when the declaration alleges, as the basis of the defendant’s liability, that he was the owner and occupier of the premises which were out of repair, and in consequence of which the injury occurred, no recovery can be had upon proof that the premises were occupied by his tenant, even though it was the defendant’s duty, as landlord, to make the proper repairs.</p> <p>3. Streets and sidewalk—authority to construct vault under sidewalk ■presumed from acquiescence. Where the corporate authorities of a city have knowledge of the fact that a lot owner is constructing a vault under the sidewalk for his own convenience, and make no objection, authority to construct the same may he inferred; and when the same is continued for many years without objection, the acquiescence on the part of the city will be regarded as sufficient authority to construct and maintain it in a careful and prudent manner.</p> <p>4. Nuisance—liability for injury caused by, in sidewalk. Where the owner or occupant of premises creates a nuisance in the sidewalk adjoining the same, without the authority of the municipal authorities, either express or implied, and the city is compelled to pay damages to a person for a personal injury caused by the same, the author of such nuisance will he responsible to the city for the damages so paid by it.</p> <p>5. Negligence—in keeping premises in repair—whether tenant or landlord is liable. The gener