Tenenbaum v. City of Chicago

specially concurring:

I concur with Mr. Justice Goldberg in his determination that trial errors require a new trial. The failure of the plaintiff to mention the ladder in his deposition, even though it might not constitute a direct contradiction, may be shown. People v. Bonham, 348 Ill. 575, 181 N.E. 422; Carroll v. Krause, 295 Ill.App. 552, 15 N.E.2d 323.

Count III, which was based on the ordinance, should not have been submitted to the jury. That Count alleged, in substance, that anyone who violated the specific sections of the ordinance or who did not comply with the provisions of the…