REITER v. CITY OF CHICAGO

HIGHWAYS AND STREETS, § 587 — pedestrian injured by defective alley, insufficiency of evidence to show due care. In action against city for personal injuries sustained by pedestrian as result of defective condition of an alley, lower court erred in failing to direct verdict for defendant, where evidence showed that plaintiff, a janitor who used the alley frequently, was aware of the defects in the alley and used the defective portion when he could have used the other side which was in good repair, such evidence showing lack of due care on part of plaintiff.

Opinion by JUSTICE FRIEND.

"Not to be published in full."