Randolph v. City of Chicago

In an action by plaintiff to recover damages on account of injuries sustained October 17, 1938, when he fell into a coal hole in the sidewalk in front of 451 East 35th street, Chicago, plaintiff obtained a verdict with damages assessed at $2,500. The City made a motion for judgment in its favor notwithstanding the verdict, which was denied. It then made a motion in writing for a new trial for 15 alleged reasons. This motion was allowed. The plaintiff by leave under section 77 of the Civil Practice Act [Jones Ill. Stats. Ann. 104.077] appeals to this court.

The court stated its reason in these…