The City of Chicago v. Gallagher

• Decision Date: 30 April 1867
• Citation: 1867 WL 5149,44 Ill. 295
• Parties: THE CITY OF CHICAGOv.MARY ANN GALLAGHER, Administratrix, etc.
• Court: Illinois Supreme Court

44 Ill. 295

1867 WL 5149 (Ill.)

THE CITY OF CHICAGO

v.MARY ANN GALLAGHER, Administratrix, etc.

Supreme Court of Illinois.

April Term, 1867.

APPEAL from the Superior Court of Chicago.

The facts in this case are fully stated in the opinion.

Mr. S. A. IRVIN, for the appellant.

Messrs. HOYNE, HORTON & HOYNE, for the appellee. Mr. CHIEF JUSTICE WALKER delivered the opinion of the Court:

This was an action brought by Mary Ann Gallagher, as administratrix of Michael Gallagher, against the city of Chicago, under the statute, for the loss of the life of her husband by the negligence of the city, in failing to secure the crossing at Ogden's slip, at one of the street crossings in the city. The case was twice tried in the court below, the jury on each trial finding the issues for appellee. On the first trial the damages were assessed at $1,000, but a new trial was granted by consent. On the second trial the jury assessed the damages at $2,000. A motion for a new trial was entered and subsequently overruled, and judgment rendered on the verdict, to reverse which, the case is brought to this court by appeal, and numerous errors assigned.

It is insisted, that the evidence fails to show, that the city was guilty of any negligence contributing to the death of appellee's intestate. On the other side it is contended, that the evidence proves gross negligence, in failing to light the street, and in failing to place guards or barriers at the slip, to protect pedestrians from falling or walking into the water.

It appears that the slip was crossed by a bridge, which was much narrower than the street. The sidewalks on each side of the street ran to near the slip and then curved, so as to pass on the bridge, so that, in approaching, a person failing to follow the curve would, by pursuing a direct line, walk into the slip. There was no railing, wall or guard, on the outer edge of this curved sidewalk leading to the bridge. Hence, a person proceeding straight forward would meet with no obstruction to being precipitated into the slip. This was certainly extremely dangerous to persons passing in the dark. Persons would be liable to be precipitated into this slip, filled with mire and water, which, under any circumstances, would be dangerous to life, and extremely so in the dark, when objects could not be seen, and the means of escape so readily employed as in the light.

Where persons passing in the dark were not familiar with the locality and its hazards, they would be extremely liable to fall into the slip; and persons acquainted with the place, when passing in the dark, would be in great danger without extreme caution. This, we think,...