Summary
In Fleming v. City of Rockford, 303 Ill. App. 224, the plaintiff was walking along with her daughter, the daughter was pushing a baby buggy, the plaintiff was keeping her eyes on a car being pushed along a filling station driveway, because of fear it would strike the buggy, she did not look at the sidewalk, and she was guilty of contributory negligence as a matter of law.
Summary of this case from Shepard v. City of AuroraOpinion
Gen. No. 9,452. (Abstract of Decision.)
Opinion filed November 8, 1939. Rehearing denied February 6, 1940.
HIGHWAYS AND STREETS, § 580 — pedestrian injured by defective sidewalk, contributory negligence. Where pedestrian was walking along sidewalk with her daughter, who was pushing a baby buggy, and as they approached a filling station driveway she kept her eyes on a car being pushed along the driveway out of fear that it would strike the buggy, her failure to look at sidewalk where she would have observed the defect which caused her fall amounted to contributory negligence as a matter of law.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Winnebago county; Hon. ARTHUR E. FISHER, presiding. Judgment reversed and cause remanded. Heard in this court at May term, 1939; opinion filed November 8, 1939; rehearing denied February 6, 1940.
A. V. Essington and Carroll H. Nelson, for appellant; William H. Barrick, of counsel; William D. Knight, for appellee.
"Not to be published in full."