Summary
In Orban v. City of Chicago, 313 Ill. App. 144, a judgment for plaintiff was sustained where witnesses testified there was a difference of between 1 and 3 inches in the level of adjoining slabs of concrete in a sidewalk.
Summary of this case from Arvidson v. City of ElmhurstOpinion
Gen. No. 41,743. (Abstract of Decision.)
Opinion filed January 19, 1942
HIGHWAYS AND STREETS, § 537 — pedestrian injured by fall on defective sidewalk, sufficiency of evidence. Where there was a difference in level of adjoining slabs of concrete in a walk, which defective condition had existed for six or seven years, and the plaintiff stumbled over the depression in the dark and fell and broke her arm, under the evidence, taken in the light most favorable to plaintiff, the jury might reasonably have found that the sidewalk was defective and that the city had constructive notice of it and was negligent, while the plaintiff was in the exercise of due care at and before the time of her injury.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. ROBERT A. MEIER, JR., presiding.
Affirmed. Heard in first division, first district, this court at June term, 1941.
Barnet Hodes, Corporation Counsel, for appellant;
James A. Velde, Paul A.H. Shults and Barney Fagen, Assistant Corporation Counsel, of counsel.
Finn Fitzpatrick and J.W. Horwitz, for appellee;
Robert S. Cook, of counsel.
"Not to be published in full." Opinion filed January 19, 1942.