City of Litchfield v. Anglim (83 Ill. App. 55, 1899)

Mr. Justice Harker

delivered the opinion of the court.

This is an appeal from a judgment of $450, recovered by appellee for injuries sustained by her in falling into a hole in a defective sidewalk.

The evidence in the record shows that several months before appellee met her injury the city authorities had removed a board sidewalk, which had before existed on the west side of Warren street, in Litchfield, and in its stead constructed a cinder walk, leaving a few sections of the board walk to cover some drains, which passed under the walk, to drain adjacent lots. The wooden sections so left were old and in bad repair. At one place there was a plank out, six inches wide and four feet long, exposing a hole from twelve to eighteen inches in depth. While passing along the walk, on a dark and rainy night in February, 1898, appellee fell into this hole and sustained the injuries complained of.

That appellant was guilty of gross negligence in allowing such a man-trap, as the evidence shows this hole was, to exist for a period of six months, is not denied, but it is contended that appellee is precluded from a recovery by knowingly exposing herself to danger, and failing to exercise ordinary care for her own safety. Defending upon that line, appellant moved the court to instruct the jury to find the issues against appellee. The overruling of that motion is the chief contention relied upon for a reversal of the judgment. We do not think the trial court erred in overruling the motion. The place where appellee fell was shrouded in darkness, there being no street lights in that vicinity, and it was upon the line of travel from the house she ha