delivered the opinion of the court.
Christiansen v. Navigato, 185 Ill. App. 318 (1914)
March 9, 1914
·
Illinois Appellate Court
·
Gen. No. 18,665
185 Ill. App. 318
Minnie J. Christiansen, Defendant in Error v. James R. Navigato and Joseph Del Re, Plaintiffs in Error.
Gen. No. 18,665.
(Not to be reported in full.)
Abstract of the Decision.
1. Negligence, § 198 * —when contributory negligence is a question of law. Contributory negligence is not a question of law merely because the facts are not disputed. Not only must the evidentiary facts be undisputed, but all reasonable minds must agree as to the conclusion to be drawn therefrom before such a question can be said to be one of law.
2. Landlord and tenant, §.259 * —when question of contributory negligence of tenant injured by board walk is for jury. In an action against landlords for injuries sustained by a tenant caused by a defective board walk on the premises, the facts showed that plaintiff had knowledge of the defective condition of the walk and had complained of it to defendants, who made no promise to re*319pair, and that plaintiff on returning home in the evening tripped on a loose hoard which caused her to fall forward, stepping heavily upon a board which broke. Held that the question of plaintiff’s contributory negligence was for the jury, and that refusal of' court to direct a verdict for defendant was not error.
*318Error to the Municipal Court of Chicago; the Hon. Frederick L. Fake, Jb., Judge, presiding.
Heard in this court at the October term, 1912.
Affirmed.
Opinion filed March 9, 1914.
Statement of the Case,
Action by Minnie J. Christiansen against James E. Navigato and Joseph Del Ee to recover damages for an injury to plaintiff’s anlde caused by a defective board walk leading to a rear flat occupied by plaintiff as a tenant of the defendants. From a judgment in favor of plaintiff for three hundred dollars, defendant brings error.
Comerford & Cohen, for plaintiffs in error.
LeBosky & Plumb and T. D. Hurley, for defendant in error.