The City of Lacon v. Page

• Court: Illinois Supreme Court
• Writing for the Court: LAWRENCE
• Citation: The City of Lacon v. Page, 48 Ill. 499, 1868 WL 5157 (Ill. 1868)
• Decision Date: 30 September 1868
• Parties: THE CITY OF LACONv.JESSE PAGE.

48 Ill. 499

1868 WL 5157 (Ill.)

THE CITY OF LACON

v.JESSE PAGE.

Supreme Court of Illinois.

September Term, 1868.

APPEAL from the Circuit Court of Marshall County; the Hon. SAMUEL L. RICHMOND, Judge, presiding.

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

Mr. N. M. LEWIS and Messrs. BANGS & SHAW, for the appellant.

Messrs. BURNS & BARNES, for the appellee. Mr. JUSTICE LAWRENCE delivered the opinion of the Court:

The city of Lacon, having constructed a covered drain under one of its streets, allowed it to get so far out of repair that a hole about two feet long, a foot wide, and eight inches in depth, had been made in it near the edge of the street, no sidewalk having been laid. The appellee was driving his horses, with a lumber wagon, when they ran away, and one wheel of the wagon went into this hole, and, rebounding several feet into the air, threw the appellee violently to the ground and injured him. He brought this suit against the city, and recovered. We are now asked to reverse the judgment on the ground that the injury was the result, partly of the defect in the street, but also, partly of the accident that the horses ran away, and, it is urged, that the city is not liable, unless the injury is attributable solely to its own carelessness. This question was considered by this court in the case of The City of Joliet v. Verley, 35 Ill. 63, and it was there held, if there was negligence on the part of the city in keeping its streets in repair, the mere fact that it was through some accident to a person traversing the street that such negligence wrought an injury, was no excuse for the city. We entertain no doubt of the correctness of this ruling. One great reason for requiring a corporation to keep its streets in repair, is to reduce, as far as possible, the injuries that may result from the accidents so liable...