City of Chicago v. Hickok
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Rollin S. Williamson, Judge, presiding. This was an action on the case, brought by appellee against the city of Chicago, to recover damages for a personal injury alleged to have been received by him through the negligence of the city in suffering a sidewalk along which appellee was passing, to be obstructed by a quantity of old building material, which had been thrown out of a building across the walk and into a part of…
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Appeal from the Superior Court of Cook county; the Hon. Rollin S. Williamson, Judge, presiding. This was an action on the case, brought by appellee against the city of Chicago, to recover damages for a personal injury alleged to have been received by him through the negligence of the city in suffering a sidewalk along which appellee was passing, to be obstructed by a quantity of old building material, which had been thrown out of a building across the walk and into a part of the street, thereby rendering it impracticable to pass except by going out into the street. Appellee and his son were…
1Opinion of the CourtWilson, P. J.
Various grounds for the reversal of the judgment are urged, of which we find it necessary to consider only one. The plaintiff’s third instruction relates to the degree of care which the law requires of a person, when placed in a situation of danger, such as the evidence in the present instance tended to show. It is as follows: “ The jury are instructed as a matter of law that any person traveling upon a sidewalk of a city which is in constant use by the public, has a right, when using the same with ordinary care and diligence, to presume and to act upon the presumption that such sidewalk is…
2Cited by1 opinion
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