(DOWNLOAD) "Johnston v. City of East Moline" by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: Johnston v. City of East Moline
- Author : Supreme Court of Illinois
- Release Date : January 22, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Leave to appeal having been granted, the appellant, the city of East Moline, is asking that we reverse two judgments against it, one in favor of Matilda Johnston, individually, and one in her favor as executrix of the estate of Dr. James P. Johnston, deceased. The judgments were obtained in the circuit court of Rock Island County and affirmed by the Appellate Court. Motions for directed verdict and for judgment notwithstanding the verdict were made by appellant in the lower court but were denied. There was another defendant below but a severance was granted and the case proceeded against appellant, alone. The principal point urged for determination is whether or not the municipality, in the construction, maintenance and operation of automatic electric traffic signals, was engaged in a governmental function or in a corporate or proprietary one. The appellant contends it is not liable because the acts and omissions complained of occurred in the exercise of its governmental functions, whereas the respondent takes the view that the city was engaged in corporate duties for which it must respond in damages for its negligent conduct. Appellant also contends that the negligence alleged was not the proximate cause of the injury.