Dunham Towing & Wrecking Co. v. Daudelin
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Fbank Bakes, Judge, presiding. In this case it appeared that leading into the south branch of the Chicago river, in the city of Chicago, is the Santa Fe slip, so-called. On the east side of this slip and extending from a point near the river bank is the Santa Fe elevator. On the west side of the elevator, next to the slip, are nine chutes about thirty feet high, by which grain vessels arc unloaded.
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Appeal from the Circuit Court of Cook County; the Hon. Fbank Bakes, Judge, presiding. In this case it appeared that leading into the south branch of the Chicago river, in the city of Chicago, is the Santa Fe slip, so-called. On the east side of this slip and extending from a point near the river bank is the Santa Fe elevator. On the west side of the elevator, next to the slip, are nine chutes about thirty feet high, by which grain vessels arc unloaded. On the 28th day of May, 1889, Joseph Daudelin, the deceased, and his brother Felix, were at work repairing the cast-iron hoods that cover the…
1Opinion of the CourtWaterman, J.
It is insisted by appellant that the judgment in this case can not be sustained, because the record, it is claimed, shows that deceased, both before and at the time of the accident, was not exercising ordinary diligence. It is said that the vessels and tugs were rightfully in the slip, and that deceased had notice that those vessels were liable to be towed out of the slip at any time; that deceased had notice of the uses to which this slip was put; that he had worked on the elevator from the time it was built; that, as one who is on a railroad track must take notice that trains are liable to…
2Cases cited2 opinions
- Chicago & Alton Railroad v. BeckerIllinois Supreme Court · 1875
- Johnson v. Chicago & Pacific Elevator Co.Illinois Supreme Court · 1882
3Cited by5 opinions
- Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
- Wyler v. RaticanMissouri Court of Appeals · 1910
- L. Wolff Manufacturing Co. v. WilsonAppellate Court of Illinois · 1892
- Baudler v. People's Gas Light & Coke Co.Appellate Court of Illinois · 1903
- Wells & French Co. v. MiskowiczAppellate Court of Illinois · 1893