Sheffer v. Willoughby
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. This was an action on the case, brought by appellant, against appellees, to recover damages for injuries resulting to the appellant from eating an oyster stew served by appellees in their restaurant, in Chicago, on the 5th day of February, 1891. It was alleged in the declaration that- the defendants were the proprietors of a public restaurant known as the Boston Oyster House, furnishing to patrons, among other things, oyster…
1Opinion of the CourtJustice Craig
Whether plaintiff became sick from eating the oyster stew at the defendants’ restaurant was a question for the jury, and while the evidence produced by plaintiff that eight or nine hundred persons were served with oyster stews at the same time and place, none of whom became sick, would seem to be a strong circumstance tending to establish that plaintiff’s sickness was attributable to other causes, yet we are inclined to the opinion that if plaintiff had made out her case in other respects it would have been the duty of the court to submit this question to the jury. It will be observed that…
2Cases cited3 opinions
- Johnson v. RichardsonIllinois Supreme Court · 1855
- Wiedeman v. KellerAppellate Court of Illinois · 1895
- Edwards v. ElbertNew York Supreme Court · 1815
3Cited by38 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- F. W. Woolworth Co. v. WilsonCourt of Appeals for the Fifth Circuit · 1934
- Wiedeman v. KellerIllinois Supreme Court · 1897
- Travis v. L. & N. R. R.Supreme Court of Alabama · 1913
- Clancy v. BarkerCourt of Appeals for the Eighth Circuit · 1904
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