Temple v. City of Chicago

Full title: Anna Temple, Appellee, v. City of Chicago, Appellant

Court: Appellate Court of Illinois, First District

Date published: Dec 27, 1939

303 Ill. App. 59 (Ill. App. Ct. 1939)

24 N.E.2d 581

Opinion

Gen. No. 40,869. (Abstract of Decision.)

Opinion filed December 27, 1939.

HIGHWAYS AND STREETS, § 481^_ — pedestrian injured by defective side-walk, due care. In action by pedestrian against city for injuries sustained in fall on sidewalk, evidence justified finding that plaintiff's heel caught in jagged crack in sidewalk which was in a bad state of disrepair, and that plaintiff was in exercise of due care although she did not see the hole in the sidewalk because she walked with her head up, carrying bundles in each arm, and she was obliged to squint because of the glare of the sun.

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

Appeal from Circuit Court of Cook County; Hon. ROMAN E. POSANSKI, presiding. Affirmed. Heard in second division, first district, at October term, 1939; opinion filed December 27, 1939

Barnet Hodes, Corporation Counsel, for appellant;

Alexander J. Resa, L. Louis Karton and Sydney R. Drebin, Assistant Corporation Counsel, of counsel; Nathan Allen, for appellee.

Opinion by JUSTICE FRIEND.

"Not to be published in full."