Briggs v. Catholic Bishop of Chicago

Full title: Ralph Briggs, Appellee, v. Catholic Bishop of Chicago, Appellant

Court: Appellate Court of Illinois, Chicago, First District

Date published: Jan 7, 1946

327 Ill. App. 556 (Ill. App. Ct. 1946)

64 N.E.2d 391

Opinion

Gen. No. 43,456. (Abstract of Decisions.)

Opinion filed January 7, 1946 Released for publication January 21, 1946

HIGHWAYS AND STREETS, § 581^_ — pedestrian's contributory negligence in using icy sidewalk as question of fact for jury. In action for injuries sustained while attempting to pass over icy sidewalk, where defendant contended that court should have directed verdict in its favor, since plaintiff could have avoided ice by walking in street and therefore was guilty of contributory negligence as matter of law, held that plaintiff's contributory negligence, if any, was question of fact for jury.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. STANLEY H. KLARKOWSKI, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the October term, 1945.

Brute A. Crowe, for appellant;

H.H. Patterson, for appellee;

Edmund C. Maurer, of counsel.

Opinion by JUSTICE NIEMEYER.

Not to be published in full. Opinion filed January 7, 1946; released for publication January 21, 1946.