Town of Harlem v. Emmert

Citations

• 41 Ill. 319

Syllabus

<p>1. Misjoinder of parties — when and in what mode taken advantage of. Advantagesliould.be taken of a misjoinder of parties defendant in an action on the case, by plea in abatement; failing to do that, a verdict cures the defect by force of the statute of amendments and jeofails.</p> <p>2. Non-liability of a part of the defendants—when and in what mode taken advantage of. In an action on the case against a town and the commissioners of highways of such town, for so constructing and maintaining a bridge over a navigable stream as to obstruct the navigation thereof, it was objected, on error, that the commissioners were not liable for the acts of the town, but the objection came too late. It should have been taken by plea in abatement.</p> <p>3. Towns—bridges — duty of towns to build bridges. Under the township organization law, it is the duty of a town to build bridges over streams within its limits.</p> <p>4. Bridges — navigable streams — liability for obstructing. It being the duty of a town to build a bridge over a stream within its limits, the town must be responsible, if they make such a structure as will obstruct the free navigation of the stream.</p> <p>5. An action for a tort will lie against a corporation.</p>