Opinion
Gen. No. 43,184. (Abstract of Decision.)
Opinion filed December 11, 1944 Released for publication December 27, 1944
HIGHWAYS AND STREETS, § 620 — propriety of judgment for city notwithstanding verdict for plaintiffs whose automobile struck unlighted safety island. In action for damages, claimed as result of fact that, in nighttime, plaintiffs' automobile struck unlighted safety island in street of defendant city, wherein jury returned verdict for plaintiffs, held that, there being absence of evidence that city had either actual or constructive notice of island's unlighted condition for reasonable time within which to remedy such condition, trial court properly granted city's motion for judgment notwithstanding verdict (Ill. Rev. Stat. 1943, ch. 110 par. 192, subpar. (3), subd. a; Jones Ill. Stats. Ann. 104.068, subsec. (3), subd. a; Supreme Court Rule No. 22; Municipal Court Rule No. 63A).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOHN T. ZURIS, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the October term, 1944.
Dwork Epton, for appellants;
Barnet Hodes, Corporation Counsel, for appellee;
J. Herzl Segal and Sydney R. Drebin, Assistant Corporation Counsel, of counsel.
Not to be published in full. Opinion filed December 11, 1944; released for publication December 27, 1944.