City of Pekin v. McMahon
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ; — heard in that court on appeal from the Circuit Court of Tazewell county; the Hon. Nathaniel W. Green, Judge, presiding. This is an action on the case brought by appellee, as administrator of the estate of his deceased son, Frank McMahon, against appellant, the City of Pekin, to recover damages for the death of plaintiff’s intestate alleged to have been caused by the negligence of said City.
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Appeal from the Appellate Court for the Third District ; — heard in that court on appeal from the Circuit Court of Tazewell county; the Hon. Nathaniel W. Green, Judge, presiding. This is an action on the case brought by appellee, as administrator of the estate of his deceased son, Frank McMahon, against appellant, the City of Pekin, to recover damages for the death of plaintiff’s intestate alleged to have been caused by the negligence of said City. Verdict and judgment in the Circuit Court were in favor of the plaintiff. The Appellate Court has affirmed the judgment, and the present appeal is…
1Opinion of the Court
Magruder, J.:
First, the main question in the case arises out of the refusal of the trial Court to give the second and third instructions asked by the'defendant. Is an individual land owner obliged to respond in damages for the death of a child occurring upon his premises under such circumstances, as are developed by the testimony in this case?
The general rule is well settled, that the private owner or occupant of land is under no obligations to strangers to place guards around excavations upon his land. The law does not require him to keep his premises in safe condition for the benefit of…
2Cases cited20 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Powers v. HarlowMichigan Supreme Court · 1884
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Birge v. GardinerSupreme Court of Connecticut · 1849
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3Cited by141 opinions
- Kahn v. James Burton Co.Illinois Supreme Court · 1955
- United Zinc & Chemical Co. v. BrittSupreme Court of the United States · 1922
- Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Brown v. Salt Lake CityUtah Supreme Court · 1908
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