#### Hermine Richter, Plaintiff in Error, v. Village of Maywood, Defendant in Error.

Gen. No. 18,794.

(Not to be reported in full.)

Error to the Circuit Court of Cook county; the Hon. Edward M. Mangan, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Reversed -and remanded.

Opinion filed February 24, 1915.

Statement of the Case.

Action by Hermine Richter against the Village of Maywood to recover for personal injuries sustained as *476the result of stepping into an unguarded hole or excavation at a street crossing. From a judgment entered on a verdict for defendant, plaintiff brings error.

Abstract of the Decision,

1. Instructions, § 129 * —when erroneous as omitting eie/ments. An instruction directing a verdict which does not contain all of the elements justifying such verdict is erroneous.

2. Instructions, § 10*—when giving of number on same point improper. The giving of eight instructions directing the jury’s attention to the degree of care required of the plaintiff is improper since it. tended to emphasize plaintiff’s duty in that respect, and to create in the minds of the jury the impression that the .court did not believe that plaintiff was in the exercise of due care at the time of the injury.

Charles J. Trainor, for plaintiff in error.

Joseph J. Sullivan, for defendant in error.

*

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

Mr. Justice Gridley

delivered the opinion of the court.