Opinion
Gen. No. 41,203. (Abstract of Decision.)
Opinion filed July 1, 1941
HIGHWAYS AND STREETS, § 560 — sidewalk defective, contributory negligence. In action for injuries sustained by pedestrian when stepped from the street to the sidewalk and fell because of a defective curb, evidence showed that the curb was so obviously defective and broken that if plaintiff had looked where she was going, as she testified she did, the condition of the curb would have been apparent, and the manifest weight of the evidence showed that plaintiff was not in the exercise of due care for safety at the time of the injury.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. PETER H. SCHWABA, presiding.
Judgment reversed and cause remanded for a new trial. Heard in second division, first district, this court at April term, 1940.
Barnet Hodes, Corporation Counsel, for appellant;
Alexander J. Resa and Sydney R. Drebin, Assistant Corporation Counsel, of counsel;
Charles E. Newton and H.H. Patterson, for appellee;
Edmund C. Maurer, of counsel.
"Not to be published in full." Opinion filed July 1, 1941.