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MARSHALL v. CITY OF CENTRALIA

No. 5-87-0839.

193 Ill. App.3d 334 (1989)

549 N.E.2d 652

JOHN MARSHALL, a Minor, by Evelyn Marshall, his Mother and Next Friend, Plaintiff-Appellant, v. THE CITY OF CENTRALIA, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Rehearing denied January 24, 1990.

Attorney(s) appearing for the Case

Kujawski, Rosen & Faerber, of Belleville (Fritz G. Faerber, of counsel), for appellant.

Judge & Knight, Ltd., of Park Ridge (Jay S. Judge, Sarah Hansen Sotos, and Betty J. Glass, of counsel), for appellee.

Reversed and remanded.

JUSTICE CHAPMAN delivered the opinion of the court:

On October 19, 1985, John Marshall, a minor, and no relationship to our first chief justice insofar as the record reflects, sustained an injury to his right knee when he fell in an open sewer manhole in the City of Centralia. The manhole was located at the intersection of Sycamore and McCord on the west side of Sycamore and approximately two feet north of McCord. The plaintiff was walking...

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