#### John Dadie, Administrator, Appellee, v. City of Chicago et al., Appellants.

Gen. No. 17,981.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Maecus A. Kavanaugh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911. Reversed and remanded.

Opinion filed October 9, 1913.

Rehearing denied October 23, 1913.

*135Abstract of the Decision.

1. Municipal corporations, § 1087 * —when evidence to establish defect in street, improper. In an action for injuries caused by city permitting a hole to remain in street testimony of plaintiff’s witnesses regarding a hole in the street more than one hundred and fifty feet away from the place where the only eyewitness testified that the accident occurred, held improper and prejudicial.

2. Municipal corporations, § 1091*—when evidence of defects in street, other than caused the injury, inadmissible. While in some cases proof of the general condition of a street near the place of accident may be admissible as tending to establish notice to the city, still notice to the city of a particular defect which caused the injury cannot be established by proof of another particular defect which is in no way related to the former and did not contribute to the injury.

3. Municipal corporations, § 1098*—sufficiency of evidence. Evidence held insufficient to prove that city had notice of defect in street

Statement of the Case.

Action by John Dadie, administrator of the estate of Thomas M. Smith, deceased, against the city of Chicago to recover damages for the death of deceased alleged to have been occasioned by falling from a wagon on account of a certain hole permitted by defendants to remain in the street. From a judgment in favor of plaintiff against the city of Chicago for eleven thousand one hundred and twenty-three dollars, the City of Chicago appeals.

William H. Sexton and N. L. Protrowski, for appellants; David R. Levy, of counsel.

Johnson & Belasco, for appellee.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Gridley

delivered the opinion of the court.