Legal Opinion

Duffy v. Kivilin

Appellate Court of Illinois

Decided November 26, 1901Published

Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900.

1Opinion of the CourtJustice Shepard

A verdict of $7,500 was returned in favor of appellee in a suit brought by him against • appellants for negligence, from which $2,500 was remitted and judgment entered for the balance.

The substantial facts out of which the cause of action arose were' not disputed.

Appellee was a mule driver and his principal work was driving a mule hauling clay in a tunnel that was being constructed about 110 feet below the surface of the ground. The tunnel extended from the bottom of"a vertical shaft that led to the surface. It was appellee’s duty to haul the clay, after it had been loaded on small cars, to…

2Cases cited3 opinions

  1. Cribben v. CallaghanIllinois Supreme Court · 1895
  2. Consolidated Coal Co. v. SenigerAppellate Court of Illinois · 1898
  3. Starne, Dresser & Co. v. SchlothaneAppellate Court of Illinois · 1886

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