Knox v. City of Sterling

Citations

• 73 Ill. 214

Syllabus

<p>1. Action—when it does not survive. Where a party made an excavation in a street of a city without permission, into which a person fell and thereby received an injury, and the injured person recovered damages in a suit against the city, the latter giving the party making the excavation notice of the pendency of the suit before trial, and such party died before the statute of 1872, providing that certain causes of action should survive, went into force, it was held, in a suit by the city against the estate of such party, that the right of action did not survive, it being founded in tort.</p> <p>2. Judgment—effect of notice to party liable over. WTiere the author of a nuisance in a street is liable over to municipal authorities for any damages the corporation may be compelled to pay for his wrongful act, notice by the corporation to him, of a suit against it growing out of the nuisance, will not make him a party to the judgment, or estop him from questioning his liability when sued by the corporation.</p> <p>3. Municipal corporation—remedy over against author of nuisance. If a city, as between itself and the author of a nuisance in a street, is also a wrong-doer, it can have no remedy over against the author of the nuisance for damages it may be compelled to pay to a third person, in consequence of the wrongful act.</p>