City of Chicago v. Garrison

• Decision Date: 30 September 1869
• Citation: City of Chicago v. Garrison, 52 Ill. 516, 1869 WL 5484 (Ill. 1869)
• Parties: CITY OF CHICAGOv.ANDREW GARRISON.
• Court: Illinois Supreme Court

52 Ill. 516

1869 WL 5484 (Ill.)

CITY OF CHICAGO

v.ANDREW GARRISON.

Supreme Court of Illinois.

September Term, 1869.

WRIT OF ERROR to the Superior Court of Chicago; the Hon. JOSEPH E. GARY, Judge, presiding.

This was an action brought by Garrison against the city of Chicago. A trial resulted in a verdict and judgment for the plaintiff. The city thereupon sued out a writ of error.

Mr. S. A. IRVIN, for the plaintiff in error.

Mr. ANDREW GARRISON, pro se.

Mr. JUSTICE LAWRENCE delivered the opinion of the Court:

This was an action brought by the appellee against the city of Chicago, to recover damages for injuries received in falling from certain steps that were a part of the sidewalk. No question of law is made upon the record, and the counsel for appellant asks a reversal solely on the ground that the preponderance of evidence, as counsel insists, shows the sidewalk was not unsafe, or, if it was, that the city had neither actual nor constructive notice of that fact, and that the plaintiff himself was guilty of carelessness.

As to the last point, we need only say there was not the slightest evidence of want of ordinary care on the part of the plaintiff.

As to the other points, the evidence is admitted by the counsel for the city to...