Senger v. Town of Harvard

Citations

• 147 Ill. 304
• 35 N.E. 137

Syllabus

<p>1. Negligence—injury resulting from defective sidewalk. If a city ■or town, or its officers, are guilty of no negligence in regard to a sidewalk, and it is in a reasonably safe condition for travel thereon at the time of an injury to the plaintiff, no recovery can be had against the •city or town, even if it be conceded that plaintiff was injured while in the exercise of ordinary care.</p> <p>2. Appeals and wbits of ebbob—when remandment is necessary. Where the Appellate Court finds the facts differently from the trial •court, and incorporates such finding of facts in its final judgment of reversal, and under the facts so found, if no recovery-can be had against the defendant, the Appellate Court is under no obligation to remand the case for another trial.</p> <p>3. If the Appellate Court reverses the judgment of the trial court on the ground of error in giving or refusing instructions, or in its rulings in the admission or exclusion of evidence, or in passing on any other legal question which may be obviated on another trial, then it is the •duty of the Appellate Court to remand the cause for another trial.</p> <p>4. Same —finding of facts—what is essential. Where the Appellate Court finds the facts different from the trial court, the facts recited must include every material issue submitted to the trial court to authorize the Appellate Court to enter judgment different from the one below. But a finding upon an immaterial issue, or facts which can have no bearing on the decision of the case, is not required.</p> <p>5. The facts required to be found by the Appellate Court are the ultimate fac.ts or fact upon the existence or non-existence of which, as set up in the pleadings, the rights of the parties depend.</p> <p>6. In an action against a city to recover damages for a personal injury on the ground of negligence in the construction or maintenance ■of a sidewalk, the plaintiff recovered, and the Appellate Court reversed the judgment, and found, as matter of fact