Legal Opinion · Dissent

Holmberg v. City of Chicago

Appellate Court of Illinois

Decided June 13, 1927No. Gen. No. 31,320Published

1DissentJustice Thomson

I do not concur in the decision of this case as announced in the foregoing opinion. No evidence was submitted as to -¡just how the head and shoulders of the deceased boy, and the upper part of his trunk, came to be covered with sand. It would seem to be a justifiable inference, from the testimony, that he had dug a hole or tunnel in the sand pile, west of the north and south center line and near its top, making, as his father described it, “a sort of a hole that curved up, — sloped up,” and that, as he was digging this hole or tunnel, and had the upper part of his body, including his arms, in…

2Cases cited9 opinions

  1. Seith v. Commonwealth Electric Co.Illinois Supreme Court · 1909
  2. City of South Bend v. TurnerIndiana Supreme Court · 1901
  3. Deming v. City of ChicagoIllinois Supreme Court · 1926
  4. McDermott v. BurkeIllinois Supreme Court · 1912
  5. Barnhart v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1916

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