City of Chicago v. Kimball
| Decision Date | 31 October 1885 |
| Citation | 18 Bradw. 240,18 Ill.App. 240 |
| Parties | CITY OF CHICAGOv.SAMUEL B. KIMBALL, Adm'r, etc. |
| Court | United States Appellate Court of Illinois |
OPINION TEXT STARTS HERE
APPEAL from the Superior Court of Cook county; the Hon. JOSEPH E. GARY, Judge, presiding. Opinion filed January 27, 1886.
Mr. HEMPSTEAD WASHBURNE and Mr. CLARENCE A. KNIGHT, for appellant.
Mr. ROBERT RAE and Mr. F. Q. BALL, for appellee.MCALLISTER, J.
This was an action under the statute, brought by appellee, as the administrator of the estate of Isabella Goodall, deceased, against the city, appellant, to recover damages to the next of kin of deceased, upon the ground that her death was the result of an injury received by her by reason of the city's negligence in respect to one of its public streets. Upon the trial the jury found the defendant guilty, and assessed plaintiff's damages at one thousand dollars, for which judgment passed and defendant comes here by appeal. It appears that prior to September 26, 1882, the city, upon a portion of Johnson street, had raised the sidewalk about five feet above the grade where it formerly and the remainder of it was; that one of the terminations of this raised sidewalk was alongside a lot which had been excavated for building purposes, some two feet or more below the grade of the old sidewalk; that at this terminus of the raised walk there were no steps to aid the traveler to descend down to the grade of the old walk; that it stopped there abruptly having a descent of about five feet to the old walk; that to enable those traveling thereon to pass down, a plank twelve inches wide and about twelve feet long was placed with one end on the end of the raised sidewalk, and the other down upon the old walk, and there were neither signals, barriers nor railings; that about dusk of the evening, September 26, 1882, the deceased, who resided some five blocks away, being then in the seventy-first year of her age, started in company with a Mr. and Mrs. Smith and a Mrs. Eckhart, to go to church, it being Sunday evening; that on their way they reached the spot above described, and deceased, evidently having no previous knowledge of the place, hesitated about descending the plank; finally she was prevailed upon to undertake to go down, with the assistance of Mr. Smith, in this way: he was to walk slowly down and she follow him, supporting herself by placing her hands upon his shoulders; that they proceeded in that way until they reached about the middle of the...
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Mississippi Cotton Oil Co. v. Smith
... ... 286; Hettchen v. Chipman, 87 Md. 732; ... Mueller v. Shoe Co., 84 S.W. 1010; Colb v ... Chicago, 33 Ill.App. 488; Engine Works v ... Randall, 100 Ind. 293, 298, 300; O'Maley v ... Light Co., ... Johnson v. Railroad Co., 64 Wis. 425; Post v ... Olmstead, 47 Neb. 893; Chicago v. Kimball, 18 ... Ill.App. 240; Railroad Co. v. Watson, 78 S.W. 176; ... Railroad Co. v. Ebert, 74 Ill ... ...
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Mississippi Cotton Oil Co. v. Smith, 13,450
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Hogan v. City of Chicago
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