FERGUSON v. CITY OF SPRINGFIELD, 311 Ill. App. 655 (1941)

37 N.E.2d 563

Gen. No. 9,284. (Abstract of Decision.)Appellate Court of Illinois.
Opinion filed in November 3, 1941

1. HIGHWAYS AND STREETS, § 544[*] — pedestrian stepping into unfilled post hole in parking strip. In action against city for injuries sustained by pedestrian in stepping into unguarded post hole between curb of street and sidewalk after alighting from automobile, verdict in favor of plaintiffs was justified by evidence that city workmen had removed light pole from hole shortly before accident, that it was left unfilled and unguarded, and that plaintiff had fallen violently into the hole after being assisted from the automobile by two escorts, although certain witnesses for defendant denied that pole had been removed or that any hole was left near curb.

2. HIGHWAYS AND STREETS, § 589[*] — instructions on burden of proof of city’s negligence as not prejudicial. In action against city for injuries sustained by pedestrian in stepping into unguarded post hole which had been left by city workmen between curb and sidewalk, instructions which completely covered elements of proof required of injured party and her husband contained no prejudicial error.

3. DAMAGES, § 360[*] — injuries to married woman causing loss of income of herself and husband. Damages of $1,500 for injuries that prevented

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vented woman from operating beauty parlor and rooming house for 130 weeks, and caused her pain and suffering over long period, and damages of $500 to husband who was forced to give up trucking business during wife’s illness and tend to household duties, and expend $280 in medical services, were not excessive.

4. HARMLESS AND PREJUDICIAL ERRORS, § 9[*] — admission of evidence not prejudicial where damages not claimed excessive.
In action for personal injuries to woman, alleged erroneous admission of testimony concerning resumption of menstruation by plaintiff was not prejudicial, as it did not bear on right of recovery, but could only have affected amount of verdict, and no claim was made that damages were excessive.

Appeal from the Circuit Court of Sangamon county; Hon. LAWRENCE E. STONE, presiding.

Reversed and remanded. Heard in this court at April term, 1941.

Hugh J. Graham, Jr., City Attorney, and Barber Barber, for appellant;

Roy Geibe Hill, for appellees.

Opinion by JUSTICE RIESS.

“Not to be published in full.” Opinion filed November 3, 1941.