CARLSON v. VILLAGE OF GLEN ELLYN

Gen. No. 11,232.

21 Ill. App.2d 335 (1959)

158 N.E.2d 225

Donald A. Carlson, a Minor, By Andrew R. Carlson, His Guardian and Next Friend, Plaintiff-Appellant, v. Village of Glen Ellyn, a Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois — Second District, First Division.

Supplemental opinion May 27, 1959.

Rehearing denied May 27, 1959.

Released for publication May 27, 1959.


Attorney(s) appearing for the Case

Harvey H. Howard, and Robert D. Jesmer, both of Chicago (Robert D. Jesmer, of counsel) for appellant.

J. Edgar Kelly, of Chicago, for defendant-appellee.


JUSTICE McNEAL delivered the opinion of the court.

Donald A. Carlson, a minor, by his next friend, filed a complaint charging the Village of Glen Ellyn, a municipal corporation, with negligence which caused plaintiff personal injury on October 21, 1956, when he fell into a depression in a pathway along one of the village streets. Notice of plaintiff's claim was served by one of his attorneys on the village clerk and village attorney on April 16, 1957, within the time...

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