#### Annie Lifschitz, Appellee, v. City of Chicago, Appellant.

Gen. No. 20,856.

(Not to he reported in full.)

Appeal from the Superior Court of Cook county;.the Hon. William Fenimobe Coopeb, Judge, presiding.

Heard in this court at the October term, 1914.

Affirmed.

Opinion filed October 5, 1915.

Statement of the Case.

Action by Annie LifscMtz, plaintiff, against the City of Chicago, defendant, in the Superior Court of Cook county, to recover for personal injuries due to a defective sidewalk. From a judgment for plaintiff for $4,000, defendant appeals.

John W. Beckwith and N. L. Piotrowski, for appellant; David R. Levy, of counsel.

*489Abstract of the Decision.

1. Municipal corporations, § 1098 * —when city liable for injury from, defective sidewalk. In an action to recover for personal injuries, caused by a defective sidewalk, evidence held to warrant the jury in finding defendant liable, it appearing that defendant knew or should have known of the defect, and that plaintiff did not.

2. Damaoes, § 114 * —when verdict not excessive. In an action to recover for personal injuries, caused by a rotten board in a sidewalk, which gave way under plaintiff, allowing her right leg to slip through the hoard in such manner as to cause a severe strain to the muscles and ligaments on the left side of the abdomen, as well as contusions and abrasions of the leg, and where there was evidence that the strain caused a stricture of the left ureter, or tube connecting the kidney with the bladder, a verdict of $4,000 held under the circumstances not manifestly unreasonable, there being evidence that the stricture would prevent plaintiff, a married woman, from bearing children, and that the stricture did not exist prior to the accident.

3. Husband and wife, § 194 * —when evidence of medical services proper in action by wife for injury. In assessing damages in an action to recover for personal injuries, evidence of the value of medical services rendered to plaintiff in connection with the injury is competent, although plaintiff is a married woman living with her husband, for the reason that medical attendance is a family expense within the meaning of the Illinois Statutes, ch. 68, sec. 15 (J. & A. H 6152), which provides that family expenses shall be a charge on the property of both husband and wife, for which they may be sued jointly or severally.

Moses, Rosenthal & Kennedy, for appellee; Joseph W. Moses and Walter Bachrach, of counsel.

*

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

Mr. Presiding Justice McSurely

delivered the opinion of the court.