Smith v. Village of Sidell, 205 Ill. App. 66 (1917)

April 16, 1917 · Illinois Appellate Court
205 Ill. App. 66

Charles T. Smith, Appellee, v. Village of Sidell, Appellant.

(Not to he reported in full.)

Appeal from the Circuit Court of Vermilion county; the Hon. Augustus A. Pabtlow, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed April 16, 1917.

Statement of the Case.

Action by Charles T. Smith,. plaintiff, against the Village of Sidell, a municipal corporation, defendant, to recover damages for personal injuries sustained in a collision between an automobile driven by plaintiff and a rope stretched across one of defendant’s streets by its authorities to keep off travel while oil placed theréon for improvement of the road was fresh. From a judgment for plaintiff for one hundred dollars, defendant appeals.

*67Abstract of the Decision.

Municipal cobporations, § 1107 * —what are questions for jury in action for' injuries received 6y colliding with roye stretched across street. In an action against a city to recover damages for personal injuries sustained by plaintiff’s automobile running into a rope stretched by defendant across one of defendant’s streets to keep off travel while oil placed thereon for improvement of such street was fresh, the amount of the injury, whether same was due to defendant’s negligence to properly warn the traveling public by lights or otherwise of the obstruction or was due to plaintiff’s negligence in driving into the rope, held to he questions for the jury.

R. Allan Stephens, for appellant.

Lindley, Penwell & Lindley and Swallow & Bookwalter, for appellee.

Mr. Justice Graves

delivered the opinion of the court.