Town of Waltham v. Kemper

Citations

• 55 Ill. 346

Syllabus

<p>1. Municipal corporations—of their liability to a private action for neglect of duty in keeping highways in repair. While such corporations as villages, towns and cities, created for their own benefit, are held liable to private actions for injuries resulting to individuals by reason of the neglect of the corporate authorities to keep their streets, street crossings and sidewalks in repair, there is a distinction in that regard, between that character of corporations and .towns established by law as civil divisions of a county, merely; the latter are not liable, either by the common law, or under any statute in this State, to a private action for damages occasioned by the neglect of the town authorities to keep their public highways in repair.</p> <p>2. Former decisions. The case of The Town of South Ottawa v. Foster, 20 Ill. 296, so far as it holds the latter description of towns liable to such private actions, is overruled.</p> <p>3. In respect to that character of liability, there is no difference between the authorities of counties, and their powers and duties in regard to public highways, and towns established by law as civil divisions of counties, merely, and the doctrine of the case of Hedges v. The County of Madison, 1 Gilm. 567, declaring that counties are not liable to such private actions, applies to towns of that description.</p>