Reports of Cases Determined in the Appellate Courts of Illinois (Volume 122)
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Reports of Cases Determined in the Appellate Courts of Illinois (Volume 122)

Reports of Cases Determined in the Appellate Courts of Illinois (Volume 122)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: City of Highland Park v. Gerkin. the duty of appellant to be to keep its sidewalks in reasonably safe condition, whereas, the duty imposed upon it by law is only to exercise reasonable care to keep its sidewalks in a reasonably safe condition, at least two instructions given for appellant at its request, contained the same proposition, and it cannot, therefore, complain of the error in appellee's instruction. We are of opinion that no error was committed by the court in refusing appellant's first refused instruction, as it was incomplete and if given in the form in which it was asked, would have been subject to the objection that it was liable to be misunderstood by the jury and misleading to them. It is claimed there was a variance between the allegations of the declaration and the proofs as to the place where the injury occurred and how it occurred. There are some discrepancies between the allegations and the proofs, but if thev were of a character to have amounted to a variance, the objections on that ground should have been made at the trial when the evidence was offered and the supposed variance pointed out. City of East Dubuque v. Burhyte, 173 Ill. 553. This question can be easily avoided on the next trial, and we deem it unnecessary further to discuss it, For the errors indicated, the judgment is reversed and the cause remanded. Reversed and remanded. City of Highland Park v. Minnie Gerkin. Gen. No. 4,521. 1. Contributory Negligence?when proof in action for sidewalk injury tends to establish. Where it appears that the plaintiff at the time of her injury was familiar with the sidewalk in question, had passed over it a number of times, and where there is no evidence by her of the exercise of ordinary care, as, for instance, that she was observing or looking...


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Product Details
  • ISBN-13: 9780217277129
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 222
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 0217277128
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 404 gr

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