Opinion
Gen. No. 44,103. (Abstract of Decision.)
Opinion filed November 3, 1947 Released for publication November 18, 1947
HIGHWAYS AND STREETS, § 579 — pedestrian's knowledge of defect in sidewalk. In action against city for personal injuries, resulting from fall at night due to hole in sidewalk, 61-year-old pedestrian was not guilty of contributory negligence as matter of law even though she lived short distance from place of accident, had passed over sidewalk many times prior thereto, and knew of its defective condition.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN M. TUOHY, Judge, presiding.
Judgment affirmed. Heard in the first division, first district, this court at the June term, 1947.
Joseph F. Grossman, Acting Corporation Counsel, for appellant;
L. Louis Karton, Head of Appeals Review Div. and Adam E. Patterson, Assistant Corporation Counsel, of counsel;
Finn Fitzpatrick and Frank P. Kronenberg, for appellee.
Not to be published in full. Opinion filed November 3, 1947; released for publication November 18, 1947.