Opinion
Gen. No. 41,293. (Abstract of Decision.)
Opinion filed March 11, 1941
HIGHWAYS AND STREETS, § 462 — piece of concrete on sidewalk, pedestrian injured. City was properly found negligent where evidence showed that pieces of concrete torn up from street were piled along curb and sidewalk, without barricades or warnings, and that plaintiff stumbled on a piece of concrete on the sidewalk at night, plaintiff was not contributorily negligent although he had noticed the concrete piled up, as he did not know that a piece had rolled onto the sidewalk, and notice to city which gave location of accident as in front of a certain address which was a school was sufficient.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. LAMBERT K. HAYES, presiding.
Affirmed. Heard in second division, first district, this court at June term, 1940; opinion filed March 11, 1941.
Barnet Hodes, Corporation Counsel, for appellant.
Alexander J. Resa, Louis H. Geiman, and Sydney R. Drebin, Assistant Corporation Counsel, of counsel.
Rothbart Rosenfield, for appellee.
"Not to be published in full." Opinion filed March 11, 1941