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Katherine Schafer, Appellee, v. City of Edwards

HIGHWAYS AND STREETS, § 593 — sidewalk defect injuring pedestrian, erroneous instruction. Where pedestrian was injured by tripping over projecting pipe at edge of a sidewalk which was in good condition, when she stepped off edge of sidewalk to let other pedestrians pass, plaintiff was properly permitted to amend complaint to State that required notice had been given to defendant city, evidence of negligence was for the jury, but judgment for plaintiff was reversed because of erroneous instruction which directed verdict for plaintiff without regard to whether defendant was negligent.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by PRESIDING JUSTICE STONE.

"Not to be published in full." Opinion filed March 1, 1941.

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SCHAFER v. CITY OF EDWARDSVILLE
(Mar 1, 1941)