Stephen v. Duffy
Illinois Supreme Court
Appeae from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibeee, Judge, presiding.
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Appeae from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibeee, Judge, presiding. This is an appeal by Joseph J. Duffy from a judgment of the Appellate Court for the Second District affirming a judgment for the sum of $5000 recovered by Edmund Stephen, administrator of the estate of Alfred Oestry, deceased, appellee, in the circuit court of Will county, against appellant, for damages for the death of appellee’s intestate, alleged to have been caused through the negligence of the appellant. To the suit…
1Opinion of the CourtJustice Scott
In the discussion of the motion for a directed verdict a great deal of attention has been given to the question whether the maxim res ipsa loquitur applies, the position of appellee being that negligence may be inferred against the appellant from the fact of the explosion alone, while appellant insists that the evidence relied upon by appellee should have gone farther, and tended to prove that the presence of the unexploded dynamite was due to some specific act of carelessness on the part of appellant. The evidence clearly shows -that the failure of this dynamite to explode may have resulted…
2Cases cited1 opinion
- Commonwealth Electric Co. v. MelvilleIllinois Supreme Court · 1904
3Cited by6 opinions
- Sprickerhoff v. Baltimore & Ohio RailroadAppellate Court of Illinois · 1944
- Heimberger v. Elliott Frog & Switch Co.Appellate Court of Illinois · 1911
- Devine v. Union Elevated RailroadAppellate Court of Illinois · 1916
- Domando v. Parker-Washington Co.Appellate Court of Illinois · 1911
- Keefe v. Armour & Co.Appellate Court of Illinois · 1912
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