City of Chicago v. Hesing
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was an action on the case, by Washington Hesing, administrator of the estate of Max Werner, deceased, against the city of Chicago, to recover damages caused by the death of the intestate through negligence on the part of the city.
1Opinion of the CourtJustice Scott
This action was to recover damages resulting to the next of kin to Max Werner, who came to his death by drowning in a ditch filled with water, in a street immediately in front of the residence of his parents. Deceased was less than four years old, and while his mother was engaged with her ordinary labor, he left the house and, in some manner not explained, fell into the ditch, and was not rescued until life was extinct.
Ho negligence is imputable either to the deceased or his parents. The child was too young to observe any care for its personal safety, and its parents omitted no reasonable…
2Cases cited3 opinions
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Chicago & Alton Railroad v. ShannonIllinois Supreme Court · 1867
- Chicago & Alton Railroad v. GregoryIllinois Supreme Court · 1871
3Cited by43 opinions
- City of Indianapolis v. EmmelmanIndiana Supreme Court · 1886
- Chicago City Railway Co. v. TuohyIllinois Supreme Court · 1902
- Capp v. City of St. LouisSupreme Court of Missouri · 1913
- Crutchfield v. MeyerIllinois Supreme Court · 1953
- Atkeson v. Jackson EstateWashington Supreme Court · 1913
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