{
  "id": 2827681,
  "name": "Eugene Brenner, Appellee, v. City of Chicago, Appellant",
  "name_abbreviation": "Brenner v. City of Chicago",
  "decision_date": "1913-10-14",
  "docket_number": "Gen. No. 17,113",
  "first_page": "348",
  "last_page": "350",
  "citations": [
    {
      "type": "official",
      "cite": "182 Ill. App. 348"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:10b3dd534a8cfb10",
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  "last_updated": "2023-07-14T17:04:20.195306+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Eugene Brenner, Appellee, v. City of Chicago, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.\n7. Evidence, \u00a7 433*\u2014what hypothetical questions are proper. Hypothetical questions as to matters of expert knowledge assuming facts with reference to the injuries and health of the plaintiff and concluding with the question as to whether the physical conditions described were caused by the accident, held not improper where it appeared that the defense was directed mainly to the condition of the street where the accident occurred and the claim of contributory negligence, although some effort was made to show that some of the conditions referred to in the questions might have resulted from previous illnesses and others from drinking habits..\n8. Municipal corporations, \u00a7 973*\u2014what is street. Where a thoroughfare was paved and used for traffic and street cars and was patrolled by city officers, its existence as a street was prima facie shown.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "William H. Sexton, N. L. Piotrowski, Edward J. Brundage and Clyde L. Day, for appellant; David R. Levy, Morton G. Smith and Edward C. Fitch, of counsel.",
      "Richard J. Finn, for appellee."
    ],
    "corrections": "",
    "head_matter": "Eugene Brenner, Appellee, v. City of Chicago, Appellant.\nGen. No. 17,113.\n(Not to be reported in full.)\nAppeal from the Superior Court of Cook county; the Hon. Robert W. Wright, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.\nAffirmed.\nOpinion filed October 14, 1913.\nRehearing denied October 28, 1913.\nStatement of the Case.\nAction by Eugene Brenner against City of \"Chicago for damages for personal injuries. . From a judgment for plaintiff for ten thousand dollars, defendant appeals.\nAbstract of the Decision.\n1. Municipal corporation, \u00a7 1051 \u2014what constitutes contributory negligence. It is not negligence per se for the driver of a team to use a street because he has notice of its defective condition.\n2. Municipal corporations, \u00a7 1107*\u2014when contributory negligence is question for jury. Where a street is full of holes at a point where a party has occasion to use it, and he drives into a hole while looking for the safest place and at the same time exercising care to avoid another trouble incident to street travel, the question of whether such party exercises due care for his own safety is one of fact upon which the findings of the jury will not be disturbed.\n3. Municipal corporations, \u00a7 1225*\u2014when notice of injury is sufficient. A notice to a city stating that a person was injured \u201con or about the third day of December,. 1908,\u201d complies with the statute, where the date mentioned is correct and the city is not misled, the wqrds \u201cor about\u201d not changing the fact that the notice designated the exact date.\n4. Municipal corporations, \u00a7 1225*\u2014when notice to city of place of injury is sufficient. A notice to a city of an injury which designates the street^ on which and the two nearest intersecting streets between which the accident occurred, and which describes the nature of the defect causing the injury, meets the purpose of the statute by enabling the city to locate the place of injury.\n5. Municipal corporations, \u00a7 1104*\u2014when instruction is unobjectionable. Instruction as to constructive notice of unsafe condition of street, held not objectionable as assuming controverted facts to be proved.\n6. Damages, \u00a7 110*\u2014when excessive. Verdict for ten thousand dollars for permanent, severe injuries, attended by pains, as where left leg was fractured and shortened and other injuries sustained, held not excessive.\nWilliam H. Sexton, N. L. Piotrowski, Edward J. Brundage and Clyde L. Day, for appellant; David R. Levy, Morton G. Smith and Edward C. Fitch, of counsel.\nRichard J. Finn, for appellee.\nSee Illinois Notes Digest, Yois, XI to XIV, same topic and section number."
  },
  "file_name": "0348-01",
  "first_page_order": 372,
  "last_page_order": 374
}