Summary
In Luse v. City of Chicago, 321 Ill. App. 628, it was held that the city could not be deemed to be not negligent as a matter of law in failing to repair a defect in a sidewalk leading directly to the street, where one cement slab had sunk 2 or 2 1/2 inches lower than the slab next to it.
Summary of this case from Arvidson v. City of ElmhurstOpinion
Gen. No. 42,433. (Abstract of Decision.)
Opinion filed February 2, 1944
HIGHWAYS AND STREETS, § 570 — when city cannot be held not negligent as to defective sidewalk as matter of law. City, sued for personal injury sustained by pedestrian as result of fall on sidewalk, could not be held, as matter of law, not negligent in failing to repair defect in sidewalk, leading directly to street, where one cement slab had pulled away from, and had sunk 2 or 2 1/2 inches lower than, slab next to it.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. O.P. TUTTLE, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the October term, 1942.
Barnet Hodes, Corporation counsel, for appellant;
James A. Velde and L. Louis Karton, Assistant corporation counsel, of counsel;
Erwin W. Roemer, for appellee;
Charles T. Shanner, of counsel.
Not to be published in fall. Opinion filed February 2, 1944.