#### John Kerr, Conservator, Appellee, v. City of Danville, Appellant.

(Not to be reported in full.)

Abstract of the Decision.

1. Municipal corporations, § 994 * —what care required to keep streets and sidewalks in condition. A city can only be required to exercise reasonable care to keep its streets and sidewalks in a reasonably safe condition for the use of travelers, and is not an insurer against injuries by reason of defects therein.

2. Instructions, § 151*—when properly refused. A requested instruction covered by given instructions is properly refused.

3. Municipal corporations, § 1107*—when contributory negligence of pedestrian injured by defective sidewalk question for jury. In an action by the conservator of an incompetent person to recover for'personal injuries sustained by the ward catching her foot at the edge of a hole of considerable size in the sidewalk, on a dark night, *94where it appeared that the hole had existed for more than a year, but there was evidence that the ward, who was accompanied by another person, knew nothing about such hole and had-passed over the walk only once before the accident, held that it was a question for the jury whether the ward was guilty of contributory negligence.

*93Appeal from the Circuit Court of Vermilion county; the Hon. M. W. Thompson, Judge, presiding. Heard in this court at the April term, 1915.

Affirmed.

Opinion filed October 13, 1915.

Statement of the Case.

Action by John Kerr, conservator of Martha E. Kerr, plaintiff, against the City of Danville, defendant, to recover for injuries sustained by Martha E. Kerr by reason of a defective sidewalk. From a judgment for plaintiff, defendant appeals.

H. A. Swallow, for appellant; R. R. Bookwalter, of counsel.

Duffin & Duffin and Charles Troup, for appellee.

*

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

Mr. Justice Thompson

delivered the opinion of the court.