City of Murphysboro v. O'Riley

Appellee sustained an injury upon a sidewalk of appellant, on account of which she recovered a judgment in the Circuit Court for $250. Appellant seeks a reversal of the judgment, first, because the trial court refused two instructions asked by it. They were: “1st. In order to make the city liable for injuries caused by defective sidewalks it devolves upon the plaintiff to prove by a preponderance of the evidence that the city not only had notice of the defect, but the plaintiff must further show that the city had notice of the dangerous character of the defect, and that the plaintiff used…