City of Chicago v. McCrudden

But one question is presented by the brief of appellant, viz : Does the evidence disclose such conduct on the part of appellee as constitutes in law contributory negligence, and hence bars a recovery? The only basis of the contention that it does is the fact that appellee when injured was walking backward, talking to other children who accompanied her. The question then is, does the fact that appellee was walking backward when injured of itself establish negligence as a conclusion of law. We are of opinion that it does not, and that the question was a question of fact properly submitted to…