Legal Opinion

Samuel Cupples Woodenware Co. v. Walins

Appellate Court of Illinois

Decided April 20, 1908No. Gen No. 13,805Published

Action in case for personal injuries. Error to the Municipal Court of Chicago; the Hon. William W. Maxwell, Judge, presiding.

1Opinion of the CourtJustice Adams

It is not conceded by plaintiff’s counsel that the mere happening of the accident is prima facie evidence of negligence on the part of the defendant, and this cannot be successfully contended in the present case. Diamond Glue Co. v. Wietzychowski, 227 Ill. 338; Omaha Packing Co. v. Murray, 112 Ill. App. 233.

Plaintiff’s counsel urge, as ground of recovery, that the defendant failed to comply with the requirements of sections 670, 671 and 672 of the Revised Municipal Code of the city of Chicago of 1905. Section 670 provides:

“It shall be lawful for elevators used exclusively as freight elevators…

2Cases cited4 opinions

  1. Diamond Glue Co. v. WietzychowskiIllinois Supreme Court · 1907
  2. Gunning System v. LapointeIllinois Supreme Court · 1904
  3. Chicago & Northwestern Railway Co. v. ScatesIllinois Supreme Court · 1878
  4. Omaha Packing Co. v. MurrayAppellate Court of Illinois · 1904

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