{
  "id": 2857564,
  "name": "James Ryan, Appellee, v. City of Chicago, Appellant",
  "name_abbreviation": "Ryan v. City of Chicago",
  "decision_date": "1914-05-21",
  "docket_number": "Gen. No. 19,280",
  "first_page": "163",
  "last_page": "164",
  "citations": [
    {
      "type": "official",
      "cite": "187 Ill. App. 163"
    }
  ],
  "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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    "sha256": "98eb324db9a2a1587137a50f55bce2c7fcea41f64fbd89aabe90b3e6ffc2308d",
    "simhash": "1:4530c1b5942f684e",
    "word_count": 509
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  "last_updated": "2023-07-14T20:57:10.884591+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "James Ryan, Appellee, v. City of Chicago, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Scanlan\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Scanlan"
      }
    ],
    "attorneys": [
      "William H. Sexton and N. L. Piotrowski, for appellant; David R. Levy, of counsel.",
      "Aaron R. Eppstein, for appellee."
    ],
    "corrections": "",
    "head_matter": "James Ryan, Appellee, v. City of Chicago, Appellant.\nGen. No. 19,280.\n(Bot to he reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. Charles H. Bowles, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1913.\nAffirmed.\nOpinion filed May 21, 1914.\nStatement of the Case.\nAction by James Byan against City of Chicago to recover damages claimed to have been sustained by plaintiff as the result of personal injuries received by him from a fall on a public sidewalk on Grand avenue in the City of Chicago. It appeared that the sidewalk where the injury occurred consisted of five flagstones, each about five ft. by ten ft., that there was a complete break across the middle of one of the stones so that each half sloped towards the break, that the sidewalk at one end of the break was about two inches below the general level of the walk and that at the other end of the break it was about four inches below the general level. The accident happened when it was dark and there was a brisk wind. Snow had fallen and was still falling at the time of the accident, and all depressions on the sidewalk had been covered by the snow. Plaintiff while walking along the sidewalk at such point struck his foot in the deep end of the break and tripped and fell heavily to the sidewalk, striking on his right leg, his right thigh and his right side and sustained serious injuries. From a judgment in favor of plaintiff for $12,700, defendant appeals.\nAbstract of the Decision.\n1. Municipal cobpobations, \u00a7 1223 \u2014retroactive effect of statute requiring notice to city of personal injuries. Section 7, ch. 70, Hurd\u2019s R. S., J. & A. f 6190, providing for notice to the City of personal injuries, held not to apply to injuries sustained before the act went into effect.\n2. Municipal cobpobations, \u00a7 1063*\u2014when pedestrian not negligent as matter of law. Where a pedestrian knows of the defective condition of a sidewalk and walks thereon, his doing so with such knowledge is not negligence per se as a matter of law.\n3. Appeal and ebeob, \u00a7 1241*\u2014when party cannot complain of his adversary\u2019s instructions. A party cannot complain of instructions given for his adversary where his own instructions given are chargeable with the same fault.\n4. Municipal cobpobations, \u00a7 1084*\u2014defenses in suit for injuries resulting from defective sidewalk. In an action against a City for personal injuries alleged to have been caused by failure of the City to keep a sidewalk in good and safe repair, a defense that the City is not liable unless the method and plan of construction was dangerous, as a matter of law, cannot be considered.\nWilliam H. Sexton and N. L. Piotrowski, for appellant; David R. Levy, of counsel.\nAaron R. Eppstein, for appellee.\nSee Illinois Notes Digest, Vols: XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0163-01",
  "first_page_order": 189,
  "last_page_order": 190
}