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PALERMO v. CITY OF CHICAGO HEIGHTS

No. 55019.

2 Ill. App.3d 1004 (1971)

276 N.E.2d 470

NORMA JEAN PALERMO, Plaintiff-Appellee, v. THE CITY OF CHICAGO HEIGHTS, Defendant-Appellant.

Appellate Court of Illinois — First District.

November 12, 1971.

Attorney(s) appearing for the Case

Scariano and Gubbins, of Chicago Heights, (Michael B. Gubbin, of counsel,) for appellant.

Stanley J. Horn and Steven B. Randall, of Chicago, (Gabriel Aprati, of Chicago Heights, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE DRUCKER delivered the opinion of the court:

Defendant appeals from a judgment awarding plaintiff $5500 for personal injuries received when plaintiff fell into a water meter box maintained by defendant on a parkway. The case was tried without a jury.

On appeal defendant contends: (1) that the defendant had neither actual nor constructive notice of the defective water...

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