Appellate Court of Illinois, 1916

Neville v. City of Chicago

Neville v. City of Chicago
Appellate Court of Illinois · Decided October 30, 1916 · McSurely
201 Ill. App. 562

Neville v. City of Chicago

Opinion of the Court

Mr. Presiding Justice McSurely

delivered the opinion of the court.

Abstract of the Decision. 1. Municipal corporations, § 1098*—when evidence shows negligence in care of sidewalk. In an action to recover for personal injuries sustained by reason of a defective plank sidewalk in defendant city, causing plaintiff to fall and a wooden sliver from the sidewalk to penetrate and tear her sexual organ, evidence examined and a verdict finding defendant guilty of negligence held sustained by the evidence. 2. Damages, § 188*—when evidence fails to show causal connection between injury and, element of damage. In an action to recover for personal injuries sustained by reason of a defective plank sidewalk in defendant city, causing plaintiff to fall and a wooden sliver to penetrate and tear her sexual organ, where plaintiff claimed the injuries sustained caused a diseased condition of her ovaries and necessitated the performance of an operation known as ovariotomy, evidence examined and held not to show a causal connection between the injury sustained and the diseased conditions necessitating the operation. 3. Damages, § 114*—when excessive for injury to female sexual organ. In an action to recover for personal injuries sustained by reason of a defective plank sidewalk in defendant city, causing plaintiff to fall and a sliver of wood to penetrate and tear her sexual organ, causing considerable bleeding, where the evidence failed to show a causal connection between the injuries and a diseased condition of the ovaries, necessitating an operation, a verdict for plaintiff for $15,000, remitted in the trial court to $7,500, held excessive as remitted, and a further remittitur of $6,500 ordered.

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