Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 53 (September Term, 1869, And January Term, 1870)
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Bay, 42 ib. 503 ; City of Chicago v^ Gallagher, Admx. 44 ib. 295. But it has never been the doctrine of this court, or of any other,, that a municipal corporation shall be held liable for more than compensatory damages, unless there shall be proof the injury complained of was willful, which is scarcely possible in the case of a corporation of that description, as this court said in City of Chicago v. Martin and vnfe, 49 111. 241. The negligence of the city authorities in this case was not sa gr...oss as to amount to willful injury — far from it. There is nO' proof they had any knowledge of the unsafe condition of this sidewalk, at the place where the injury occurred, and though it may be said it was their duty to know its condition, and to see that it was safe for pedestrians, yet, their non-attention to it cannot be charged as willful negligence on their part. That the place in question was not in a very dangerous condition, at the- time of the injury, seems apparent from the fact that, at the very moment of its occurrence, the father and brother of the plaintiff, walking side by side, neither of them taking any special care of their footsteps, walked over it in safety ; and it is quite probable, had the plaintiff looked where she was going,, instead of directing her attention to a carpenter at work upon^ 1870.] City of Decatur v.
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