Lythell v. City of Waverly

This is an appeal from a judgment rendered in the circuit court of Morgan county, for the sum of $2,750, in favor of the plaintiff, Alfred E. Lythell, as administrator of the estate of Lawrence Alfred Lythell, deceased, against the City of Waverly, a municipal corporation of the State of Illinois. The deceased was playing marbles in a public park in the City of Waverly, when a large limb of a tree fell and struck and killed him.

The main issue on this appeal is whether or not the place in which the deceaséd was killed was controlled by the City in its governmental capacity or whether it was…