Craig v. City of Charleston
Citation | 180 Ill. 154,54 N.E. 184 |
Parties | CRAIG v. CITY OF CHARLESTON. |
Decision Date | 17 June 1899 |
Court | Supreme Court of Illinois |
OPINION TEXT STARTS HERE
Appeal from appellate court, Third district.
Action by Edward C. Craig against the city of Charleston. A judgment for defendant on demurrer was affirmed by the appellate court (78 Ill. App. 312), and plaintiff appeals. Affirmed.
James W. Craig, for appellant.
W. E. Adams and Neal & Wiley, for appellee.
In affirming the judgment of the circuit court for costs and sustaining the demurrer to the plaintiff's declaration, the following opinion, delivered by Mr. Justice HARKER, was rendered by the appellate court:
‘The sufficiency of the declaration is the only question for our consideration. Stripped of their surplusage, the material averments of fact are that the city of Charleston, on an occasion when a large crowd of people had congregated in the city, appointed one John Apgar as an officer to prevent the obstruction of the streets by vehicles or otherwise, and placed him in control of one of the streets; that Apgar was a dangerous and violent man, and possessed an ungovernable temper and vicious disposition, which facts were known, or by the exercise of reasonable diligence could have been known, to the appointing officer; that Apgar, while in charge of the street and under pretense of discharging his duty, made a brutal and unjustifiable assault upon the plaintiff with a stick, whereby the plaintiff lost one of his eyes, and was otherwise injured. The duties devolving upon Apgar by virtue of his appointment were police duties. He was what is sometimes aptly termed a ‘special policeman,’ authorized to perform certain specific acts. It is a familiar rule of law, supported by a long line of well-considered cases, that a city, in the performance of its police regulations, cannot commit a wrong through its officers in such a way as to render it liable for tort.
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