Opinion
Gen. No. 41,961. (Abstract of Decision.)
Opinion filed April 8, 1942 Rehearing denied May 7, 1942
HIGHWAYS AND STREETS, § 580 — duty and failure to detect defect in street. In an action to recover for personal injuries sustained by plaintiff in the early morning while walking from a cab to the curb on a street and stumbling on a piece of concrete, where the street had been torn up and replaced with a new sidewalk and broken pieces of the old sidewalk were piled between the sidewalk line and the curbing, the evidence did not indicate the plaintiff had knowledge of the pieces of concrete lying in the street in front of his home or next to it, and it was not altogether his duty to examine the roadway to determine if it was safe to walk upon, and the question of contributory negligence on his part was for the jury, and a verdict and judgment for plaintiff was sustained.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. WM. J. WIMBISCUS, presiding.
Judgment affirmed. Heard in third division, first district, this court at October term, 1941.
Barnet Hodes, Corporation Counsel, for appellant;
James A. Velde, A.L. Schwartz and L. Louis Karton, Assistant Corporation Counsel, of counsel;
Krohn MacDonald, for appellee;
Stuart B. Krohn and Ian P. MacDonald, of counsel.
"Not to be published in full." Opinion filed April 8, 1942; rehearing denied May 7, 1942.