Powers v. City of Chicago
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was an action by Powers against the city of Chicago, to recover damages for a personal injury, viz., the fracturing of his thigh hone, by slipping and falling while going to his dwelling house, abutting upon a public street of said city called Haynes Court, and while, as he claimed, he was in the exercise of reasonable care, by reason, as it was alleged, of the negligence of…
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Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was an action by Powers against the city of Chicago, to recover damages for a personal injury, viz., the fracturing of his thigh hone, by slipping and falling while going to his dwelling house, abutting upon a public street of said city called Haynes Court, and while, as he claimed, he was in the exercise of reasonable care, by reason, as it was alleged, of the negligence of defendant, its agents and servants, in permitting a certain fire plug of defendant, located near to plaintiff’s premises, to…
1Opinion of the CourtMcAllister, J.
The motion to exclude the plaintiff’s evidence from the jury when he rested his case, was in the nature of and to be regarded as of the same effect as a demurrer to the evidence. Phillips v. Dickerson, 85 Ill. 15.
The defendant thereby admitted all that the evidence tended to prove, and every legitimate inference which could be drawn from it. 85 Ill., supra.
The evidence preserved by the bill of exceptions, and which the court excluded by such motion, fairly tended to prove that the street and sidewalk, at the place in question, was in a bad and dangerous condition, not as a result of…
2Cases cited3 opinions
- Congdon v. City of NorwichSupreme Court of Connecticut · 1870
- Evans v. . City of UticaNew York Court of Appeals · 1877
- City of Chicago v. FowlerIllinois Supreme Court · 1871
3Cited by3 opinions
- Barker v. City of RockfordAppellate Court of Illinois · 1926
- Hobbs v. City of ChicagoAppellate Court of Illinois · 1928
- Kunkel v. City of ChicagoAppellate Court of Illinois · 1890