Opinion
Gen. No. 43,544. (Abstract of Decision.)
Opinion filed March 11, 1946 Released for publication March 25, 1946
HIGHWAYS AND STREETS, § 587 — when city entitled to directed verdict in pedestrian's action for personal injuries. In pedestrian's action against city for personal injuries sustained in dusk of clear, spring evening as result of fall due to hole or depression in alley, which hole or depression plaintiff had knowledge of and had passed around at least 100 times, where plaintiff could see possibly more than 30 or 40 feet in front of her, held that care required of plaintiff was commensurate with known conditions which confronted her and required that she observe where she was walking as she approached hole or depression in which she fell, and that there being complete absence of any evidence, showing care on her part, court should have directed verdict for defendant.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOSEPH E. DAILY, Judge, presiding.
Reversed. Heard in the first division, first district, this court at the October term, 1945.
Barnet Hodes, Corporation Counsel, for appellant;
J. Herzl Segal, Head of Appeal and Review Division, Henry Brandt, Herman Smith and Harry Markin, Assistant Corporation Counsel;
Royal W. Irwin, for appellee;
Clarence M. Dunagan, of counsel.
Not to be published in full. Opinion filed March 11, 1946; released for publication March 25, 1946.