Legal Opinion

Kunkel v. City of Chicago

Appellate Court of Illinois

Decided May 14, 1896Published

Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, "presiding.

1Opinion of the Court

Mr. Presiding Justice Gary

delivered the opinion of the Court.

A six year old boy was hurt in a hole in the sidewalk through the negligence of the city.

See this case reported in 37 Ill. App. 325.

It may be conceded that on the last trial the court erred in regard to instructions touching the right of the appellee to recover at all, but not as to any touching the measure of damages. The jury gave $250.

The appellee’s arm was broken, but there is no evidence of permanent injury, not even of pain, except by inference that pain must ensue from an arm being broken. He incurred no expense.

The damages…

2Cases cited3 opinions

  1. Callender Insulating & Waterproofing Co. v. BadgerAppellate Court of Illinois · 1889
  2. Dueber Watch Case Manufacturing Co. v. LappAppellate Court of Illinois · 1890
  3. Kunkel v. City of ChicagoAppellate Court of Illinois · 1890

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