Funk v. Piper
Appellate Court of Illinois
Memorandum.—Action in case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the October term, 1892.
1Opinion of the Court
Opinion of the Court,
Gary, P. J.
Elementary principles are constantly disregarded in declaring in actions for negligence.
Many cases come before us in which the declarations allege simply that it was the duty of the defendant to do the thing described, or that the defendant was negligent in not doing it, in either case without averment or recital of facts or circumstances from which, the law will imply, and therefore the court determine, that such duty existed.
In some cases a duty is implied from the mere profession or employment of the defendant, as a surgeon or an innkeeper; in others, from…
2Cases cited6 opinions
- Chicago & Eastern Illinois Railroad v. HinesIllinois Supreme Court · 1890
- People ex rel. Weber v. City of Spring ValleyIllinois Supreme Court · 1889
- Zjednoczenie v. SadeckiAppellate Court of Illinois · 1891
- Chicago & Eastern Illinois Railroad v. HinesAppellate Court of Illinois · 1889
- Gibson v. LeonardAppellate Court of Illinois · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Centraal Stikstof Verkoopkantoor N v. v. Pensacola Port AuthorityDistrict Court, N.D. Florida · 1962
- World's Columbian Exposition Co. v. Republic of FranceCourt of Appeals for the Seventh Circuit · 1898
- Ward v. DanzeizenAppellate Court of Illinois · 1903
- Mueller v. SchwechtAppellate Court of Illinois · 1896
- Sherwood v. RieckAppellate Court of Illinois · 1902
3 more not listed; retrieve them via the Exa API.