City of Aurora v. Dale

Citations

• 90 Ill. 46

Syllabus

<p>1. Negligence—contributory. Where the plaintiff seeking to recover for a personal injury sustained from a fall by stepping into a hole in a sidewalk, knew of the defect in the walk, and was watching to observe it, but it being covered with snow, and a snow storm prevailing at the time, with a high wind, driving the snow in her face so that she did not discover it until she stepped into the hole, and it appearing that the other walks leading in the direction of her home were equally unsafe, it was held, that she was not guilty of such negligence as would preclude a right of recovery for the injury.</p> <p>2. Notice—when city liable for injury from defective sidewalk. Where a sidewalk becomes out of repair and dangerous, and the city authorities have actual notice, or could have had notice of that fact in time to have repaired the same before a person is injured in consequence of the defect, without negligence on his part, the city will be liable for the injury.</p>