Schulenburg v. City of Chicago

Full title: Louise Schulenburg, Appellee, v. City of Chicago, Appellant

Court: Appellate Court of Illinois, First District

Date published: Jun 19, 1942

315 Ill. App. 213 (Ill. App. Ct. 1942)

42 N.E.2d 752

Opinion

Gen. No. 42,053. (Abstract of Decision.)

Opinion filed June 19, 1942

HIGHWAYS AND STREETS, § 487^_ — care of injured person in use of streets. Where the concrete sidewalk in front of plaintiff's premises had been buckled for some time, but plaintiff testified that she was not aware that there was a hole in it, and in returning home one night she stepped in the hole and was thrown to her injury, the evidence presented a question of fact for the jury as to her due care, and a verdict and judgment for plaintiff was affirmed.

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

Appeal from Circuit Court of Cook county; Hon. JACOB BERKOWITZ, presiding.

Judgment affirmed. Heard in second division, first district, this court at December term, 1941.

Barnet Hodes, Corporation Counsel, for appellant;

James A. Velde, Alphonse Cerza and Barney Fagen, Assistant Corporation Counsel, of counsel;

Lloyd T. Bailey and J.T. Kiggins, for appellee;

Joseph W. Bailey and Thomas C. Hollywood, of counsel.

Opinion by JUSTICE FRIEND.

"Not to be published in full." Opinion filed June 19, 1942.