{
  "id": 5161023,
  "name": "City of Chicago v. Ellen McCarthy",
  "name_abbreviation": "City of Chicago v. McCarthy",
  "decision_date": "1895-12-12",
  "docket_number": "",
  "first_page": "300",
  "last_page": "301",
  "citations": [
    {
      "type": "official",
      "cite": "61 Ill. App. 300"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "138 Ill. 370",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5447219
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/138/0370-01"
      ]
    },
    {
      "cite": "33 Ill. App. 450",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        4992122
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/33/0450-01"
      ]
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  "last_updated": "2023-07-14T20:50:02.966731+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "City of Chicago v. Ellen McCarthy."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Gary\ndelivered the opinion of the Court.\nThe appellee, riding in a buggy with her cousin and his wife, between ten and eleven o\u2019clock at night, on State street in Chicago, near 53d street, was thrown out and injured by the buggy being overturned from running against a plank sticking up from a hole left by a broken cover of a manhole. The city proved that the plank had been so sticking up frotn the morning of the day before. Whether the cousin, who was driving, was as careful as he should have been, we need not inquire, for his carelessness\u2014if he was careless\u2014does not excuse the city if it was negligent. Chicago City Ry. v. Wilcox, 33 Ill. App. 450; 138 Ill. 370.\nThat such an obstruction should not be left in a public highway from the morning of one day until the night of the next seems true, and the fact that it was so left, at least made it a question for the jury whether the city was negligent.\nThe judgment was for $2,000. We can not say that it is more than adequate compensation for the injuries she sustained.\nISFo instructions given or refused are in the abstract, or complained of by the brief for the city.\nThe case stands on the facts only, and we can not disturb the judgment. Affirmed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Gary"
      }
    ],
    "attorneys": [
      "Rot O. West, Benjamin F. Richolson and Worth E. Cay-lob, attorneys for appellant.",
      "William E. Mason, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "City of Chicago v. Ellen McCarthy.\n1. Negligence\u2014 Obstruction to Streets.\u2014Permitting a plank to remain sticking up from a hole left by a broken cover of a manhole in a street, from the morning of one day to the night of the next, makes it a question for a jury whether the city was negligent.\n2. Same\u2014Qareless Driver.\u2014The fact that the driver of a carriage may be careless does not excuse the city if it has been negligent in permitting obstructions to streets.\nTrespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding.\nHeard in this court at the October term, 1896.\nAffirmed.\nOpinion filed December 12, 1895.\nRot O. West, Benjamin F. Richolson and Worth E. Cay-lob, attorneys for appellant.\nWilliam E. Mason, attorney for appellee."
  },
  "file_name": "0300-01",
  "first_page_order": 298,
  "last_page_order": 299
}