Legal Opinion

Beninghoff v. Futterer

Appellate Court of Illinois

Decided January 23, 1913No. Gen. No. 17,638PublishedCited by 7 opinions

Error to the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911. Certiorari denied by Supreme Court (making opinion final).

1Opinion of the CourtJustice Fitch

This writ of error is brought to reverse a judgment for $2,750 against plaintiffs in error for damages for wrongfully causing the death of Reuben Beninghoff. The latter and Dr. Gustave Futterer lived on adjoining lots on Fullerton Avenue, in Chicago. Between their houses was a space about six feet wide, except where a bay window projected three feet from the Beninghoff house. An outer wall supported the bay window. Under the bay window was an open space which was excavated two or three feet below the ground and floored with cement to afford an entrance to the basement of the Beninghoff house,…

2Cases cited14 opinions

  1. Consolidated Ice Machine Co. v. KeiferIllinois Supreme Court · 1890
  2. Gridley v. City of BloomingtonIllinois Supreme Court · 1873
  3. Chicago Union Traction Co. v. JerkaIllinois Supreme Court · 1907
  4. Chicago Economic Fuel Gas Co. v. MyersIllinois Supreme Court · 1897
  5. Scammon v. City of ChicagoIllinois Supreme Court · 1861

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3Cited by7 opinions

  1. Ziulkowski v. KolodziejSupreme Court of Connecticut · 1934
  2. Hastings v. Abernathy Taxi Ass'n, Inc.Appellate Court of Illinois · 1973
  3. Savoie v. Town of BourbonnaisAppellate Court of Illinois · 1950
  4. Kuhn v. GoeddeAppellate Court of Illinois · 1960
  5. State Highway & Public Works Commission v. Diamond Steamship Transportation Corp.Supreme Court of North Carolina · 1946

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