Schumacher v. City of Naperville

Full title: Ella Schumacher, Appellee, v. City of Naperville, Appellant

Court: Appellate Court of Illinois, Second District

Date published: Apr 12, 1941

309 Ill. App. 647 (Ill. App. Ct. 1941)

33 N.E.2d 730

Opinion

Gen. No. 9,572. (Abstract of Decision.)

Opinion filed April 12, 1941.

HIGHWAYS AND STREETS, § 568^_ — parkway, pedestrian tripping over stake. Where pedestrian walking on parkway between sidewalk and curb because sidewalk was icy tripped over a stake which the defendant city had driven to support a tree, questions of negligence and contributory negligence were properly submitted to jury, but instruction which referred to complaint and directed verdict for plaintiff without mentioning the time when plaintiff must have been exercising due care constituted reversible error.

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

Appeal from Circuit Court of Du Page county; Hon. WIN G. KNOCH, presiding.

Reversed and remanded. Heard in this court at October term, 1940.

William R. Friedrich and Rathje Woodward, for appellant;

William R. Friedrich, John s. Woodward and Alferd E. Woodward, of counsel;

Thomas Schumacher, for appellee;

Kenneth D. Thomas, of counsel.

Opinion by JUSTICE DOVE.

"Not to be published in full." Opinion filed April 12, 1941.