Dietz v. Firestone Tire Rubber Co.

Full title: Anita Dietz, Appellant, v. Firestone Tire and Rubber Company, Appellee

Court: Appellate Court of Illinois

Date published: Feb 25, 1948

333 Ill. App. 654 (Ill. App. Ct. 1948)

78 N.E.2d 888

Opinion

Term No. 47,023. (Abstract of Decision.)

Opinion filed February 25, 1948 Released for publication March 23, 1948

HIGHWAYS AND STREETS, § 620^_ — propriety of judgment notwithstanding verdict. In negligence action for personal injuries sustained by plaintiff, presumably caused by accumulation of ice on sidewalk in front of property leased by defendant, in view of failure of plaintiff to show specifically either that dangerous condition was known or should have been known to defendant, or that icy condition had special and dangerous character such as being accumulated in hillocks or ridges, as alleged, so as to put defendant on actual or constructive notice of condition which was different from that which obtained generally in city, judgment for defendant notwithstanding verdict for plaintiff was proper.

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

Appeal from the Circuit Court of St. Clair county; the Hon. RALPH L. MAXWELL, Judge, presiding.

Judgment affirmed. Heard in this court at the February term, 1948.

Louis Beasley, of East St. Louis, Wilmer L. Vogt and Russell H. Classen, both of Belleville, for appellant;

Turner, Holder Ackermann, of Belleville, for appellee.

Opinion by PRESIDING JUSTICE CULBERTSON.

Not to be published in full. Opinion filed February 25, 1948; released for publication March 23, 1948.