City of Hoopeston v. Eads

The appellee recovered a judgment against the appellant for $875 on account of injuries sustained by reason of a defective sidewalk. There is no doubt that the plaintiff was injured and that the damages awarded are not unreasonably high, but upon the proof it is quite a close question whether she was exercising ordinary care and whether the defendant had notice, actual or constructive, of the defect in the walk.

The accident occurred about 5 o’clock in the afternoon of September 18, 1887. While not a bright, sunshiny day it was not cloudy, and the hole in the walk, six inches wide and a foot…