Town of Normal v. Bright
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. This is an action on the case commenced in the circuit court of McLean county by the appellee, Mary L. Bright, against the appellant, the town of Normal, to recover for injuries alleged to have been sustained by reason of falling upon a defective street crossing.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. This is an action on the case commenced in the circuit court of McLean county by the appellee, Mary L. Bright, against the appellant, the town of Normal, to recover for injuries alleged to have been sustained by reason of falling upon a defective street crossing. There are three counts in the declaration, alleging, in substance, that the boards composing the crossing were so loosely and insecurely stayed that they moved,…
1Opinion of the CourtJustice Wilkin
At the close of all the evidence a motion was made by the appellant to instruct the jury to find in its favor, which motion was overruled, and that ruling is assigned as error. As we understand the contention of appellant, it insists that this motion should have been sustained for the reason that there is no evidence in the record even tending to show that appellee was injured while on the crossing, it being insisted that the proof is that she slipped in the mud at the east side of the ditch and fell, striking her knee on the crossing, and that the same injury would have been occasioned even…
2Cases cited1 opinion
- City of Flora v. NaneyIllinois Supreme Court · 1891
3Cited by10 opinions
- Welch v. City of ChicagoIllinois Supreme Court · 1926
- Lindroth v. Walgreen Co.Appellate Court of Illinois · 1949
- Linneen v. City of ChicagoAppellate Court of Illinois · 1941
- Maxey v. City of East St. LouisAppellate Court of Illinois · 1910
- Burke v. MolloyAppellate Court of Illinois · 1938
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