Legal Opinion

John Spry Lumber Co. v. Duggan

Illinois Supreme Court

Decided October 19, 1899PublishedCited by 29 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Henry B. Willis, Judge, presiding. Appellant was engaged in the lumber business, and was unloading a boat-load of lumber upon a dock which it owned and controlled. Two sets or gangs of men were employed in unloading the cargo, one set passing the lumber out from the vessel and the other set receiving the lumber and piling it upon the dock.

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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. Henry B. Willis, Judge, presiding. Appellant was engaged in the lumber business, and was unloading a boat-load of lumber upon a dock which it owned and controlled. Two sets or gangs of men were employed in unloading the cargo, one set passing the lumber out from the vessel and the other set receiving the lumber and piling it upon the dock. There is no dis-pute but that the set of men engaged upon the dock in receiving and piling the lumber were the yardmen in…

1Per curiam

In deciding the case the Appellate Court delivered the following opinion:

“The only question presented is as to the sufficiency of the evidence to sustain the verdict. No complaint is made of any ruling in matters of procedure. The instructions to the jury are not questioned, nor is it claimed that the verdict is excessive.
“It cannot be contended that from the evidence appellee can be held to have been guilty of any negligence on his part. It is clear, from the evidence, that the course which he pursued in attempting to reach the closet was the only direct route which could be pursued by him…

2Cases cited9 opinions

  1. Bennett v. Railroad Co.Supreme Court of the United States · 1881
  2. Powers v. HarlowMichigan Supreme Court · 1884
  3. Samuelson v. Cleveland Iron Mining Co.Michigan Supreme Court · 1882
  4. Evansville & Terre Haute Railroad v. GriffinIndiana Supreme Court · 1885
  5. North Chicago Rolling Mill Co. v. JohnsonIllinois Supreme Court · 1885

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3Cited by29 opinions

  1. Haefeli v. Woodrich Engineering Co.New York Court of Appeals · 1931
  2. Ellguth v. Blackstone Hotel, Inc.Illinois Supreme Court · 1951
  3. Dobbie v. Pacific Gas & Electric Co.California Court of Appeal · 1928
  4. Gagnon v. St. Maries Light & Power Co.Idaho Supreme Court · 1914
  5. Chicago, Indianapolis & Louisville Railway Co. v. MartinIndiana Court of Appeals · 1902

24 more not listed; retrieve them via the Exa API.

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