City of Decatur v. Fisher
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. Arthur J. Gallagher, Judge, presiding. This was an action on the case brought by Ada Fisher against the city of Decatur, to recover damages for an injury received by reason of a defective sidewalk in the city.
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Appeal from the Circuit Court of Macon county; the Hon. Arthur J. Gallagher, Judge, presiding. This was an action on the case brought by Ada Fisher against the city of Decatur, to recover damages for an injury received by reason of a defective sidewalk in the city. Upon a second trial in the circuit court, the cause having been previously tried and brought to this court and the judgment of the court below reversed, a verdict and judgment was rendered in favor of the plaintiff for $3483.33. The defendant appeals. The injury complained of was prolapsus uteri, occasioned, as alleged, by falling…
1Opinion of the Court
Per Curiam :
This case was before the court at a former term, and the decision then made is reported in 53 Ill. 407. We reversed the judgment solely on the ground that the damages were excessive. There has been another trial, and the jury have found a verdict for a sum a little larger than the former one, and the court gave judgment. The evidence on the second trial shows that the injury to the plaintiff was much more serious than was proven on the first, and we can not again set aside the verdict for the same reasons that induced our former judgment.
A question is raised by appellant as to the…
2Cases cited1 opinion
- City of Decatur v. FisherIllinois Supreme Court · 1870
3Cited by5 opinions
- City of Chicago v. DidierIllinois Supreme Court · 1907
- Pyle v. PyleIllinois Supreme Court · 1895
- Chicago Union Traction Co. v. RobertsIllinois Supreme Court · 1907
- Illinois Central R. R. v. TreatAppellate Court of Illinois · 1898
- Netcher v. BernsteinAppellate Court of Illinois · 1903