Gunszfsky v. Peoples Gas Light & Coke Co.
Appellate Court of Illinois
Action in ease for personal injuries. Error to the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1908.
1Opinion of the Court
Mr. Presiding Justice Smith
delivered the opinion of the court.
The record shows little controversy of fact. Besides the fact that the danger to which the plaintiff was exposed was open and obvious, it appears that the plaintiff had been warned of the danger by defendant’s foreman that stones might become loose and fall and he had been instructed to be careful to be out of .the way of such stones. The wall itself, as shown by the evidence, was in nowise defective or dangerous as it stood before the excavation was made. The wall and its foundation was in good condition and contained no defect or…
2Cases cited4 opinions
- Cleveland, C., C. & St. L. Ry. Co. v. BrownCourt of Appeals for the Seventh Circuit · 1896
- Village of Montgomery v. RobertsonIllinois Supreme Court · 1907
- Florence & C. C. R. Co. v. WhippsCourt of Appeals for the Eighth Circuit · 1905
- Utica Hydraulic Cement Co. v. WhalenAppellate Court of Illinois · 1904
3Cited by1 opinion
- Dutkowiak v. RodatzAppellate Court of Illinois · 1912