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· 9/15/1875

Village of Kewanee v. Depew

Citations

  • 80 Ill. 119

Syllabus

<p>1. Negligence—contributory and comparative. A plaintiff can not recover for injuries received through the defendant’s negligence, where his own negligence has contributed to such injuries, unless his negligence was slight and that of the defendant gross, when compared with each other.</p> <p>2. Same—degree of com required. A person, in the full possession of his faculties, passing over a sidewalk in daylight, with no crowd to jostle or disturb him, no intervening obstacle to obscure approaching danger, and no sudden occurring cause to distract his attention, is under obligation to use his eyes to direct his footsteps, and if he fails to do so, he is negligent.</p>

Judges: Scholfield

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