Section 104. It will be remembered, that quasi-corporations, such as counties, towns or townships and the like, are not liable to a civil action for damages occasioned by defective streets and bridges under their control, unless so declared liable by statute.

"Even when the legislature enjoins upon corporations of this character the duty to make and repair roads, streets, and bridges, and confers the power to levy taxes therefor, the general tenor of the decisions is to treat this as a public, and not a corporate, duty, and to regard such corporations, in this respect, as public or state agencies, and not liable to be sued civilly for damages caused by the neglect to perform this duty, unless the action be expressly given by statute."

The general doctrine of the American courts has been to require municipal corporations to keep their streets in reasonably safe condition for all those who rightfully use them, or have occasion to pass over them for the purpose of business, convenience or pleasure and to hold them liable for injuries occasioned by their defective condition.

The liability "grows out of the power conferred upon the city over its streets and bridges, and its duty to keep them in reasonable repair, having the power to raise means for that purpose." 6

However, a municipal corporation does not undertake to insure the public using its streets and sidewalks against every injury that may be received by those using them. It is only required to see that its streets and sidewalks are reasonably safe and persons using them are required to exercise ordinary care and prudence.

6 Grove vs. Fort Wayne, 45 Ind., 429; City of Joliet vs. Verley, 35 III. 58. In the case last cited the court used the following vigorous language "Cities have no right to set man-traps throughout their limits, and excuse themselves from liability on the ground that the localities are such that they could not render the places where they were set, safe and secure. If they cannot construct works so that they will be safe and secure, they can let them alone. There is no law requiring city corporations to beguile unsuspecting travelers upon dangerous streets and walks with an assurance of safety."

Municipalities cannot be held for injuries resulting from defective sidewalks without proof of either actual or constructive notice.7