Village of Fairbury v. Rogers

Citations

• 98 Ill. 554
• 1881 Ill. LEXIS 290

Syllabus

<p>1. Evidence—opinion of witness. The opinion of a witness that a sidewalk across a ditch was reasonably safe for ordinary travel and use, when he is not shown to be an expert, is not admissible in evidence in an action .against a city to recover for personal injuries received on account of an alleged defect in such sidewalk.</p> <p>2. Instructions—when no error, to refuse a proper one. The refusing of unobjectionable instructions will be no ground of reversal where those given for the party contain á plain statement of every rule of law in those refused.</p> <p>3. Same—must he confined to legal questions. The circuit court, in charging a jury, is confined to questions of law. It is not proper that expressions of this court that certain circumstances show or constitute a culpable want of care, should be embodied in an instruction. They relate to a question of fact which is to be submitted to the unbiased opinion of a jury.</p> <p>4. Negligence—defect in street, etc. It will not do to say that no defect in a street or sidewalk can be the ground of liability in a village or city, except “such as cannot be readily detected.”</p>