Legal Opinion

Lundon v. City of Chicago

Appellate Court of Illinois

Decided June 9, 1899PublishedCited by 4 opinions

Action in Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiff.

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

This is an action for damages alleged to have been caused by falling through an opening in a sidewalk covered by a loose plank. The jury found the defendant not guilty, and the plaintiff appeals.

As the case must be submitted to another jury, we refrain from discussion of the evidence.

The court instructed the jury that, in order to find the defendant guilty of negligence, the jury must believe from a preponderance of the evidence that the city had direct notice of the dangerous conditions “given to its officer having charge or…

2Cases cited2 opinions

  1. Kranz v. ThiebenAppellate Court of Illinois · 1884
  2. Lake Shore & M. S. Ry. Co. v. RohlfsAppellate Court of Illinois · 1893

3Cited by4 opinions

  1. Carstens v. EarlesWashington Supreme Court · 1901
  2. Mareck v. City of ChicagoAppellate Court of Illinois · 1900
  3. Randolph v. City of ChicagoAppellate Court of Illinois · 1942
  4. Engel v. City of MinneapolisSupreme Court of Minnesota · 1917

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