City of Chicago v. Fitzgerald
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding.
1Opinion of the CourtJustice Windes
Appellee, by1 her next friend, brought suit against appellant to recover damages for an injury alleged to have been caused by her falling into a hole in the sidewalk, about six inches in width by one foot in length, while walking, in the exercise of ordinary care, on Bandolph street between West Fortieth and West Forty-first streets, Chicago. A trial before the Circuit Court and a jury resulted in a verdict for $4,500, on which the court rendered judgment, and the city has appealed.
It is claimed by appellant that the court should have taken the case from the jury, because of appellee’s…
2Cases cited13 opinions
- Gibler v. City of MattoonIllinois Supreme Court · 1897
- Dundas v. City of LansingMichigan Supreme Court · 1889
- Village of Clayton v. BrooksIllinois Supreme Court · 1894
- City of Sandwich v. DolanIllinois Supreme Court · 1892
- West Chicago Street Railway Co. v. FishmanIllinois Supreme Court · 1897
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3Cited by3 opinions
- Chicago & Grand Trunk Ry. Co. v. KinnareAppellate Court of Illinois · 1898
- Greene v. United American Benefit Ass'nAppellate Court of Illinois · 1933
- Brennan v. City of ChicagoAppellate Court of Illinois · 1912