Town of Wheaton v. Hadley

Citations

• 131 Ill. 640
• 23 N.E. 422

Syllabus

<p>1. Negligence—repairing sidewalk—use of unsafe materials—notice. Where the authorities of an incorporated town or city, having notice that a sidewalk is out of repair from the decay of the stringers to which the bbards are nailed, attempt to repair the same by the use of the old stringers, which are so rotten as not to be capable of holding nails, and a person, in the use of due care, is injured while passing over such walk, in consequence of the looseness of the boards, the corporation will be liable for the injury.</p> <p>2. If municipal authorities attempt to repair a defective sidewalk, they should use proper materials, so as to render it safe. If they use unsuitable and unsafe materials in its repair, they will be chargeable with notice of the condition of the walk, and liable to any one injured, while observing ordinary care for his safety, in consequence of the use of such defective materials.</p> <p>3. Affirmance by Appellate Court—what facts are settled thereby. The affirmance by the Appellate Court of a judgment against a town or city, rendered in an action to recover for a personal injury resulting from a defective sidewalk, settles the issues of fact, which will include the question of negligence on the part of the defendant, and of the exercise of ordinary care by the plaintiff.</p> <p>4. Error will not always reverse—refusing proper instructions. A judgment fully justified by the facts established will not be reversed for the refusal of even a correct instruction, when it is apparent that the same result must necessarily have followed if it had been given.</p> <p>5. Instruction—abstract proposition. The giving of amere abstract proposition of law in an instruction is not such error as will reverse, unless it can be seen that it was calculated to mislead the jury, or might have been prejudicial to the party complaining of it.</p>