On May 23, 1956 the Supreme Court of the State of Illinois, in the case of Anna C. Swenson vs. City of Rockford, number 33875, handed down a decision which we feel will adversely affect all Illinois municipalities.

The case involves a personal injury suffered by an individual who fell upon a sidewalk in the City of Rockford. The factual situation was that the sidewalk, which was 3 slabs in width, in front of a grocery store in a residential neighborhood had a raised portion of 1 1/2 to 2 inches which was approximately 2 inches square. The lady who was injured had lived in the neighborhood for about seven years and had visited the grocery store almost daily during this period of time and knew of this slight defect in the sidewalk. On the day in question she visited the store, returned home, and then went back to the grocery store for an additional purchase. On her second trip she noticed the defect but deliberately walked upon it and in so doing slipped, fell and was badly injured.

The City of Rockford proved by uncontradicted evidence that it had had no actual notice of this defect and that the proprietor of the store who also used the sidewalk daily had never even noticed it.

The defense of the City of Rockford was that the lady was guilty of contributory negligence in deliberately walking upon this very minor defect, when to have avoided it, would only have required moving a few inches to either side and still remain on the paved portion of the sidewalk and the fact that it had no notice and could not be charged with constructive notice as the defect was so minor in nature.

The Supreme Court held that the lady who was injured was not guilty of contributory negligence and that the City of Rockford was liable and affirmed a judgment of $15,000.00.

After this decision, the City of Rockford applied to the Supreme Court for a rehearing and a group of Illinois municipalities, including the City of Chicago together with the Illinois Municipal League, intervened in the cause and were allowed to file a brief as friend of the court in support of Rockford's motion for a rehearing. On September 25, 1956 the Supreme Court denied the application for rehearing which means that the original decision stands and becomes part of our law.

While we feel that this decision is in error there is nothing further that can be done in our courts.

In view of this decision it appears a municipality becomes almost an insurer of the people using its sidewalks and if the same reasoning is to apply would likewise be in the same category insofar as streets and other public places are concerned. If a person can see a minor defect in a sidewalk and then deliberately step upon it and recover when injured, it is difficult to see any defense which can be raised by a municipality.

Unquestionably a vast majority of the sidewalks in the State of Illinois contain defects more serious and dangerous than the one in the Rockford case and unless these are repaired the probability of a large number of damage suits is almost certain to follow.

Under our law anyone recovering a judgment against a municipality can compel the payment thereof by the levying and collecting of a tax for this purpose.

In view of this decision considerable thought should undoubtedly be given to the advisability of a general program of repair and rehabilitation of sidewalks in all Illinois municipalities.