City of Bloomington v. Osterle

Citations

• 139 Ill. 120
• 28 N.E. 1068

Syllabus

<p>1. Sidewalk—defeat, how proven. In a suit against a city for an injury received from a defective sidewalk, where the defect in the walk is alleged to be that the stringers were rotten and decayed, so as not to hold the nails fastening the boards to them, that allegation may be supported by proving the condition of the walk within a reasonable time after the accident,—and two weeks is not an unreasonable time.</p> <p>2. Evidence—in an action for personal injury—complaint as to pain and suffering. In an action for personal injuries, evidence of the plaintiff’s complaint as to pain and suffering is competent, on behalf of plaintiff. The weight of such testimony is for the jury.</p> <p>3. Same—deposition taken by plaintiff read by defendant—right to contradict. Where the deposition of a witness taken by the plaintiff is read in evidence by the defendant, the person whose deposition has been so taken and read will not be the witness of the plaintiff, who will have the same right to contradict such witness as any other witness introduced by the defendant.</p> <p>i. Poor person—prosecuting as—same rights as other litigants. The fact that a plaintiff is allowed to prosecute her suit as a poor person can -not be made the ground of refusing her the same rights guaranteed to-other parties litigant by the statute allowing amendments.</p> <p>5. Practice in Supreme Court—considering error not preserved on trial, and not assigned on the record. The propriety o'f allowing a-plaintiff prosecuting as a poor person to amend her declaration during the trial can not be considered in this court, when it is not made a ground for a new trial in the trial court, and is not assigned for error on the record.</p>