City of Chicago v. Gilfoil
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Marcus ICavanagh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900. This was an action to recover damages alleged to have been sustained by appellee in consequence of stepping through a hole in a sidewalk in Chicago. As a result of the injury thus sustained it appeared that appellee’s ankle has become stiff, so that she walks with a cane.
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Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Marcus ICavanagh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900. This was an action to recover damages alleged to have been sustained by appellee in consequence of stepping through a hole in a sidewalk in Chicago. As a result of the injury thus sustained it appeared that appellee’s ankle has become stiff, so that she walks with a cane. There was evidence tending to show that such stiffness will be permanent. Appellee recovered a verdict and judgment for §5,500.
1Opinion of the CourtJustice Waterman
Upon the trial below there was given at the instance of appellee the following instruction:
“ If you find the defendant guilty you will be required to determine the amount of her damages. In determining the amount of the damages the plaintiff is entitled to recover in this case, if any, the jury have a right to and they should take into consideration all the facts and circumstances in evidence before them,the nature and extent of plaintiff’s injury, if any, testified to in this case, her suffering in mind and body, if any, resulting from such injury, her loss of wages resulting from such…
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