Darmody v. Kroger Grocery & Baking Co.

The question here hinges largely upon the application of certain sections of the Civil Practice act which have not heretofore been considered by this court. On leave granted, the case came here by appeal from the Appellate' Court for the Fourth District, which previously had reversed á judgment of the city court of East St.Louis without remanding the cause.

The suit was instituted to recover damages for personal injuries alleged to have been sustained by Edna Darmody when she stepped into a hole caused by a broken tile drain. This tile extended across and slightly under a cinder walk adjacent…