City of Pekin v. McMahon
Appellate Court of Illinois
Memorandum.—Action for damages. Death from negligent acts. In the Circuit Court of Tazewell County; the Hon. Nathaniel W. Green, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict for plaintiff for §1,600; judgment; defendant appeals. Heard in this court at the November term, 1893, and affirmed.
1Opinion of the CourtJustice Wall
The appellee brought an action on the case against the appellant for having negligently caused the death of Frank McMahon, and recovered a judgment for $1,600, from -which the present appeal is prosecuted by the city.
It appeared that the city owned three lots within the corporate limits from which it had removed large quantities of gravel for the purpose of improving the streets, thereby causing a deep pit in which water accumulated. This pit was in the settled part of the city very close to a street and was uninclosed. Children of the vicinity were in the habit of playing in and about the…
2Cases cited5 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1879
- Koons v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1877
- St. Louis, Vandalia & Terre Haute R. R. v. BellIllinois Supreme Court · 1876
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