Frierdich v. City of Belleville

Full title: Joseph Frierdich, Appellee, v. City of Belleville, Illinois, Appellant…

Court: Appellate Court of Illinois

Date published: Mar 1, 1941

309 Ill. App. 438 (Ill. App. Ct. 1941)

32 N.E.2d 987

Opinion

Opinion filed March 1, 1941.

HIGHWAYS AND STREETS, § 544^_ — hole in sidewalk, evidence. Where pedestrian sustained rupture when he fell in a hole in a sidewalk, caused by the removal of a telephone pole some years previously, and there was a conflict in the evidence as to whether the hole was five or six inches deep, or only one-fourth of an inch to one inch, there was sufficient evidence to go to the jury, and verdict for plaintiff was supported by the evidence.

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

Appeal from the Circuit Court of St. Clair county; Hon. MAURICE V. JOYCE, presiding.

Affirmed. Heard in this court at October term, 1940.

L.N. Nick Perrin, Jr., for appellant;

Farmer, Klingel Baltz and Beasley Zulley, for appellee.

Opinion by JUSTICE DADY.

"Not to be published in full." Opinion filed March 1, 1941.