Wallace v. City of Farmington
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Fulton county; the Hon. R. J. Grier, Judge, presiding. This is an appeal by the city of Farmington from a judgment of the Appellate Court for the Third District affirming a judgment of the circuit court of Fulton county for the sum of $iooo, rendered at the May term, 1906, against appellant, in favor of appellee, in an action on the case for personal injuries.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Fulton county; the Hon. R. J. Grier, Judge, presiding. This is an appeal by the city of Farmington from a judgment of the Appellate Court for the Third District affirming a judgment of the circuit court of Fulton county for the sum of $iooo, rendered at the May term, 1906, against appellant, in favor of appellee, in an action on the case for personal injuries. The appeal from the Appellate Court was perfected on June 20, 1907. The declaration consists of two counts. Both charge the…
1Opinion of the CourtJustice Scott
Appellant insists that the court erred in overruling its motion for a peremptory instruction for two reasons: First, because there is no evidence that appellee was in the exercise of due care for her personal safety at the time of the accident ; and second, because there is no evidence that the city had notice, actual or constructive, of the defect in the walk which was the cause of the injury complained of. In passing upon this assignment only the evidence most favorable to appellee can be considered.
It appears from the testimony of appellee that she was walking along the sidewalk in her…
2Cases cited1 opinion
- City of Mattoon v. FallerIllinois Supreme Court · 1905
3Cited by15 opinions
- Swenson v. City of RockfordIllinois Supreme Court · 1956
- Reule v. City of ChicagoAppellate Court of Illinois · 1932
- Van Hoorebecke v. Iowa Illinois Gas & Electric Co.Appellate Court of Illinois · 1944
- Brodie v. City of LewistownAppellate Court of Illinois · 1911
- Bucklin v. NarkwichSupreme Court of Vermont · 1936
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