Johnston v. City of East Moline

87 N.E.2d 22, 338 Ill. App. 220, 1949 Ill. App. LEXIS 321
CourtAppellate Court of Illinois
DecidedJuly 7, 1949
DocketGen. No. 10,330
StatusPublished
Cited by15 cases

This text of 87 N.E.2d 22 (Johnston v. City of East Moline) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnston v. City of East Moline, 87 N.E.2d 22, 338 Ill. App. 220, 1949 Ill. App. LEXIS 321 (Ill. Ct. App. 1949).

Opinion

Mr. Justice Dove

delivered the opinion of the court.

Matilda Johnston individually and as executrix of the estate of her husband, Doctor James P. Johnston, deceased, filed her complaint at law in the circuit court of Rock Island county, against the defendants City of East Moline, a municipal corporation, and James L. Thompson. The defendant, James L. Thompson was, upon motion, granted a severance and. the case proceeded to trial against the defendant, City of East Moline.

Plaintiff brought her suit to recover for personal injuries suffered by herself and also to recover damages for the wrongful death of her husband. The liability of the city was predicated upon the alleged negligence of the city in its failure to maintain in a proper state of repair traffic signals at the intersection of Seventh street and Seventeenth avenue in the City of East Moline. The complaint specifically charged that the city on and prior to February 23,1945, through its agents and employees, had the possession, control and maintenance of the various streets, avenues and intersections in the city, including the various traffic signs, lights and signals connected with and appurtenant to said streets, avenues and intersections, including the intersection and traffic lights at the intersection of Seventh street and Seventeenth avenue in said city; that it was the duty of said city, its agents and employees to exercise reasonable care in its maintenance of the said streets, intersections and traffic signs; that in violation of this duty the city, its employees and agents, on and for approximately a week prior to February 23,1945, failed to have any stop sign or stop light directing traffic entering the intersection at Seventh street and Seventeenth avenue from the east on Seventeenth avenue to stop; that at the same time the city, its agents and employees, maintained, operated and controlled a traffic light facing traffic entering said intersection from the north on Seventh street so that said traffic light at times was green and constituted an invitation to enter said intersection; that the city, its agents and employees, knew of the aforesaid dangerous condition; that plaintiff Matilda Johnston on or about the hour of 10:00 o ’clock on the evening of February 23, 1945, was riding in a car driven by her husband in a southerly direction on Seventh street in said city and approached said intersection from the north; that plaintiff and her husband were in the exercise of due care; that her husband in pursuance of the invitation to enter said intersection extended by said traffic light facing north, said traffic light showing green, drove his car into said intersection; that by reason of the failure of the said city, its agents, and employees, to have any stop sign or stop light to control traffic entering said intersection from the east on Seventeenth avenue, the vehicle in which plaintiff and her husband were riding was violently struck by another vehicle entering said intersection from the east on Seventeenth avenue and as a direct result thereof, plaintiff suffered injuries and her husband received injuries which resulted in his death.

The answer of the defendant denied the allegations of negligence and affirmatively set up the defense that in the maintenance and operation of the traffic lights and signals in question, defendant was acting in a governmental capacity, performing governmental functions and hence incurred no liability.

As will be seen from the foregoing, the substance of the plaintiff’s complaint is that the defendant city was negligent in allowing one traffic signal to remain in a state of disrepair for a period of about a week preceding the collision at the intersection which resulted in injuring the plaintiff and causing the death of her husband, while at the same time permitting the other three signal lights to continue to operate at said intersection, all of which created a trap whereby persons approaching the intersection from the north were invited into the intersection by a green light, while at the same time there was no warning of any kind facing persons driving into the intersection from the east.

The cause was tried before a jury resulting in a verdict in favor of the plaintiff as an individual for $25 and as executrix of her husband’s estate the sum of $2,000. The motion of the defendant for judgment notwithstanding the verdict, was denied and judgment was entered on the verdicts and this appeal by the defendant follows.

The evidence in this case established that Seventeenth avenue in East Moline runs in an east and west direction, that Seventh street runs in a north and south direction and that the city had installed automatic electric traffic devices of red, yellow and green lights mounted on posts on each of the four corners of the intersection. The lights on these signals were shaded so that each light faced in one direction only and was visible only in the direction of the approaching traffic for which it was installed and maintained for the purpose of controlling. The post or standard at the northwest corner of the intersection was knocked down and the signal broken on February 18 by a third person driving his truck into the same. The traffic signal thus knocked down controlled the traffic entering the intersection from the east on Seventeenth avenue. The city promptly removed the post or standard together with the signal that was knocked down and ordered repairs for the same. The city permitted the other three traffic lights facing the traffic entering the intersection from the north, west and south to operate without taking any action to remedy the defect caused by the absence of the signal at the northwest corner. The city had notice of this condition and allowed the same to remain for five nights and six days. Seventeenth avenue is a main street through the City of East Moline and carries a heavy volume of traffic and the traffic using Seventeenth avenue from the east was thus without any control. The traffic on Seventh street, while local in character between the business district and the residential district, was also heavy. This traffic was subject to the usual control afforded by the traffic signals and lights at the southwest corner and the northeast corner of said intersection. It also appears from the evidence that a number of collisions occurred at this intersection prior to the time of the accident involving the plaintiff and her husband.

James L. Thompson, the defendant who was granted a severance, entered said intersection from the east and as stated, the plaintiff’s car entered said intersection from the north. The two cars collided in the intersection. Dr. Johnston was hurled out of his car and onto the pavement, which rendered him unconscious. While he was lying on the pavement, a car following the one which collided with his car, came into the intersection from the east and ran over his legs. He was removed to the hospital where he remained for about ten days. Afterwards he was at home for several weeks and then he attempted to resume his medical practice gradually. He was not able for long to continue his practice and on June 19, 1945, he died. An autopsy was performed, which disclosed a blood clot in his brain of about three inches in diameter. The physician who examined this blood clot testified that it was the result of trauma and was of the type which develops over a space of three or four months. Plaintiff’s own personal injuries were slight.

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Bluebook (online)
87 N.E.2d 22, 338 Ill. App. 220, 1949 Ill. App. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-city-of-east-moline-illappct-1949.