City of Chicago v. McKechney
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is an action of assumpsit, brought on December 8, 1897, in the circuit court of Cook county by Frederick C. Weir, since deceased, and the appellees, John Mc-Eechney and John McEechney, Jr., then constituting the firm of Weir, McEechney & Co., against the appellant, the city of Chicago.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is an action of assumpsit, brought on December 8, 1897, in the circuit court of Cook county by Frederick C. Weir, since deceased, and the appellees, John Mc-Eechney and John McEechney, Jr., then constituting the firm of Weir, McEechney & Co., against the appellant, the city of Chicago. The trial, which began before the court and a jury on June 23, 1899, resulted in a verdict in favor of the plaintiffs below and…
1Opinion of the CourtJustice Magruder
delivered the following opinion:
The contractors, Weir, McKechney & Co., began work under the contract of October 19, 1895, in December of that year. They first sank a shaft at Keith street, northwest of the south-east end of section 3. Their next work was to sink a shaft at Potomac avenue north-west from the Keith street shaft. After sinking these shafts they began to excavate for the tunnel both ways from the two shafts. They continued the work until August 1, 1896, and then stopped work. From the time they began their work in December, 1895, until they ceased working in July, 1896, the city…
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