Legal Opinion

Karczenska v. City of Chicago

Illinois Supreme Court

Decided April 23, 1909PublishedCited by 4 opinions

AppEae from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the H011. Homer Abbott, Judge, presiding.

1Opinion of the CourtJustice Dunn

Appellee recovered a judgment against the appellant for personal injuries received upon a defective sidewalk The city has appealed from a judgment of affirmance by the Appellate Court.

It is insisted that there is a variance between the declaration and the proof, inasmuch as it is claimed that the evidence does not show that the accident occurred at the place described in the declaration. The declaration described the place as a “certain public sidewalk on, to-wit, Elston avenue, near, to-wit, Webster avenue, in said city.” The place where the accident occurred was on the sidewalk on the west…

2Cases cited1 opinion

  1. City of Springfield v. DoyleIllinois Supreme Court · 1875

3Cited by4 opinions

  1. Kamin v. StateCourt of Claims of Illinois · 1953
  2. Coffin v. City of ChicagoAppellate Court of Illinois · 1929
  3. Joyner v. StateCourt of Claims of Illinois · 1955
  4. McComb v. City of ChicagoAppellate Court of Illinois · 1913

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