#### Edward Murphy, Appellee, v. City of Chicago, Appellant.

Gen. No. 18,961.

(Not to be reported in full.)

Abstract of the Decision.

1. Municipal cobpobations, § 1050 * —when driver not guilty of contributory negligence. The driver of a vehicle using a street “on and off for six years” injured by being thrown to the ground, upon the front wheel of the wagon becoming caught in a depression in the street about three feet long, six to eight inches deep and three to eight inches wide, which had existed for a year or more, held not guilty of contributory negligence as a matter of law.

2. Appeal and ebbob, § 472 * —when remarles of trial judge not saved for review. Remarks of the trial judge claimed to have been improper will not be considered where they were not objected to and no exception was taken.

Appeal from the Circuit Court of Cook county; the Hon. Richabd S. Tuthill, Judge, presiding.

-Heard in the Branch Appellate Court at the October term, 1912.

Affirmed.

Opinion filed March 5, 1913.

Statement of the Case.

Action by Edward Murphy against City of Chicago to recover for personal injuries sustained as the result of being thrown from a wagon owing to a defect in the street. From a judgment for plaintiff for one thousand two hundred and fifty dollars, defendant appeals.

William H. Sexton and N. L. Piotrowski, for appellant; David B. Levy, of counsel.

Harvey Wynekoop and Guerin, Gallagher & Barrett, for appellee.

*

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

Mr. Justice Gridley

delivered the opinion of the court.