City of East Dubuque v. Burhyte

This was an action brought by appellee, against the city of East Dubuque, to recover for an injury received while passing" along Fifth avenue in that city, caused, as alleged, by the breaking of a board in a defective sidewalk. On a trial before a jury the plaintiff recovered a verdict and judgment for §2000, which, on appeal, was affirmed in the Appellate Court.

It is contended in the argument that “notice to the city, express or implied, of the condition of the walk is not averred in any count of the declaration, and proof only of the defective construction of the walk should have gone to…