Legal Opinion

Illinois Steel Co. v. Kinnare

Appellate Court of Illinois

Decided January 24, 1901PublishedCited by 3 opinions

Trespass on the Case.—Death from negligent act. Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlam, Judge, presiding. Heard in this court at the March term, 1900. Mr. Justice WlNDES not concurring. Statement.—This suit was brought by appellee to recover for negligence of appellant which, it is alleged, caused the death of Henry M. E-oehl, appellee’s intestate.

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Trespass on the Case.—Death from negligent act. Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlam, Judge, presiding. Heard in this court at the March term, 1900. Mr. Justice WlNDES not concurring. Statement.—This suit was brought by appellee to recover for negligence of appellant which, it is alleged, caused the death of Henry M. E-oehl, appellee’s intestate. Appellant, engaged in a manufacturing business, was enlarging a shed, which was part of its plant. A new roof was in process of construction over the old shed, and in constructing the new roof it was determined,…

1Opinion of the CourtJustice Sears

The principal questions presented relate to the sufficiency of the evidence to establish negligence on the part of appellant and exercise of due care upon the part of appellee’s intestate. Both facts, viz., the negligence of the former as a proximate cause of the injury, and the lack of any negligence of the latter contributing thereto, were essential to a recovery. That the old roof, without any re-enforcement, was unfit for use as a scaffolding, is sufficiently established. That it was so unfit and dangerous when re-enforced to the extent to which the deceased and other workmen re-enforced…

2Cases cited27 opinions

  1. Herdman-Harrison Milling Co. v. SpehrIllinois Supreme Court · 1893
  2. Chicago, R. I. & P. Ry. Co. v. ClevelandAppellate Court of Illinois · 1900
  3. Keaggy v. HiteIllinois Supreme Court · 1850
  4. Reynolds v. LambertIllinois Supreme Court · 1873
  5. Elguth v. GrueszkaAppellate Court of Illinois · 1898

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3Cited by3 opinions

  1. Gilbert v. LloydAppellate Court of Illinois · 1912
  2. Love v. McElroyAppellate Court of Illinois · 1905
  3. Fair v. HoffmannAppellate Court of Illinois · 1903

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