Putney v. Keith
Appellate Court of Illinois
Trespass on the Case. — Death from negligence, etc. Appeal from the Circuit Court of Winnebago County; the Hon. John C. Garver, Judge, presiding.
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Trespass on the Case. — Death from negligence, etc. Appeal from the Circuit Court of Winnebago County; the Hon. John C. Garver, Judge, presiding. Heard in this court at the April term, 1900. Statement. — From the declaration and amendments filed in this cause it appears that on November 22, A. D. 1897, one Adam Keith was the owner of his home in Winnebago county, Illinois, and occupied the same together with his daughter, Martha J. Keith, the appellee; that on the said day said Adam Keith invited one Susan W. Putney, now deceased, to spend the following day, being November 23, 1897, at his…
1Opinion of the CourtJustice Wateeman
Actions of negligence are based upon injury sustained in consequence of failure to discharge a legal duty. In such actions the first requisite is to show the existence of the duty which it is insisted has not been performed. Shearman & Redfield on Negligence, 4th Ed., Secs. 3, 4, 5, 15; DeLavergne Machine Co. et al. v. McLeroth, 60 Ill. App. 529.
It is not sufficient in a declaration to say, generally, that it was the duty of the defendant to do certain things. The pleader must state facts from which the law raises .the duty. Ayers v. City of Chicago, 111 Ill. 406-412.
What was the duty which…
2Cases cited9 opinions
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Losee v. . BuchananNew York Court of Appeals · 1873
- Panton v. HollandNew York Supreme Court · 1819
- Ayers v. City of ChicagoIllinois Supreme Court · 1884
- Siddall v. JansenIllinois Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kellermann v. McDonoughSupreme Court of Virginia · 2009
- Hardy v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1920
- Purcell v. DegenhardtAppellate Court of Illinois · 1916
- Knickerbocker Ice Co. v. LeydaAppellate Court of Illinois · 1906
- Hallis v. Stover Co.Appellate Court of Illinois · 1934
4 more not listed; retrieve them via the Exa API.