Appellate Court of Illinois June 16, 1908, Gen. No. 13,963 (Smith v. City of Chicago Heights)

Mr. Justice Freeman

delivered the opinion of the court.

This is an action for personal injuries in which appellee recovered judgment. The declaration charges in substance that appellee stepped upon a loose plank on a sidewalk wMch the appellant negligently suffered to be and remain in a bad and unsafe condition, that the plank flew up and the plaintiff, while in the exercise of ordinary care, .