City of Joliet v. Seward
Illinois Supreme Court
Appeal from the Circuit Court of Will County; the Hon. Josiaii McRoberts, Judge, presiding.- Plaintiff, with her husband, came into the city of Joliet, and the carriage drawn by horses, in which they rode, was stopped in Jefferson street, when the husband got out and went into a store near at hand to make some inquiry.
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Appeal from the Circuit Court of Will County; the Hon. Josiaii McRoberts, Judge, presiding.- Plaintiff, with her husband, came into the city of Joliet, and the carriage drawn by horses, in which they rode, was stopped in Jefferson street, when the husband got out and went into a store near at hand to make some inquiry. The place where the team was stopped was near where the owner of the adjoining premises was having an inlet sewer constructed from premises, to connect with the main sewer on Jefferson street. The workman engaged had come upon rock, and it became necessary in the prosecution of…
1Opinion of the CourtJustice Scott
There is no evidence to sustain the averment in the amended declaration, the injury to plaintiff was in consequence of the pile of stone aud other material left in the street. That was in nowise the cause of the accident, and did not even tend to produce it. It is very clear from the testimony given by both parties that the carriage was drawn against the sidewalk, and not against the pile of stone in the street, and that it was striking against the sidewalk that threw plaintiff out of her carriage. On this point it can hardly be said there is any conflict in the testimony, and this branch of…
2Cases cited1 opinion
- Ellington v. KingIllinois Supreme Court · 1869
3Cited by15 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Knoxville Ry. & Light Co. v. VangilderTennessee Supreme Court · 1915
- Nonn v. Chicago City Railway Co.Illinois Supreme Court · 1908
- Abbitt v. Lake Erie & Western Railway Co.Indiana Supreme Court · 1898
- Wallace v. Wilmington & N. R.Superior Court of Delaware · 1889
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