City of Chicago v. Seben
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding. This is an action brought by the appellee against the appellant, to recover damages for a personal injury. 'The appellant in its brief states the facts as follows: “On the evening of April 8,1892, while John Miller Seben, a resident of Chicago, and a shoemaker by trade, was walking home after searching for work, he stepped into a sewer inlet at the corner of Polk street and Blue Island avenue, in the city of Chicago, and…
1Opinion of the CourtChief Justice Magruder
Two defenses are relied upon by the city. The first is, that there is a variance between the allegations of the declaration and the proof, in that the declaration alleges, that the plaintiff stumbled and fell into a catch-basin, and the proof offered shows, that the plaintiff was injured by stepping into a sewer inlet situated several feet from the catch-basin. The second defense is, that the sewer inlet in question was constructed in accordance with a general plan devised through no error in-judgment under the direction of the municipal authorities.
First—As to the variance. It is true, that…
2Cases cited15 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Detroit v. OsborneSupreme Court of the United States · 1890
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- Johnston v. District of ColumbiaSupreme Court of the United States · 1886
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3Cited by90 opinions
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- Village of Bloomingdale v. CDG Enterprises, Inc.Illinois Supreme Court · 2001
- Van Meter v. Darien Park Dist.Illinois Supreme Court · 2003
- Johnston v. City of East MolineIllinois Supreme Court · 1950
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