Legal Opinion

Arms v. Ayer

Illinois Supreme Court

Decided October 24, 1901PublishedCited by 70 opinions

Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. The appellant sued appellees in the superior court of Cook county in case, to recover damages for unlawfully causing the death of her intestate. The declaration is very voluminous, consisting of ten counts, to each of which the defendants interposed a general and special demurrer. The circuit court sustained the demurrer and gave judgment for the defendants.

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Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. The appellant sued appellees in the superior court of Cook county in case, to recover damages for unlawfully causing the death of her intestate. The declaration is very voluminous, consisting of ten counts, to each of which the defendants interposed a general and special demurrer. The circuit court sustained the demurrer and gave judgment for the defendants. This appeal is from that judgment. The cause of action in each count of the .declaration ' is based upon an alleged violation of the Fire-escape act,…

1Opinion of the CourtChief Justice Wilkin

The argument in this case is mainly upon the constitutionality and validity of the act of 1897, and we shall confine our consideration of the case to that question. We see no substantial objection to at least some of the counts on the special demurrer.

The first objection made to the statute by counsel for appellees is, that it imposes legislative power upon the inspector of factories, in that it authorizes him to determine how many, and in what position, fire-escapes shall be placed, etc. It must be admitted that the act is loosely drawn, but the rule that it is the (j.uty of courts to so…

2Cases cited8 opinions

  1. Willy v. . MulledyNew York Court of Appeals · 1879
  2. Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
  3. McRickard v. . FlintNew York Court of Appeals · 1889
  4. Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
  5. People ex rel. Klokke v. WrightIllinois Supreme Court · 1873

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3Cited by70 opinions

  1. Kennerly v. Shell Oil Co.Illinois Supreme Court · 1958
  2. People ex rel. Breckon v. Board of Election CommissionersIllinois Supreme Court · 1906
  3. Winston v. MooreSupreme Court of Pennsylvania · 1914
  4. Block v. City of ChicagoIllinois Supreme Court · 1909
  5. Miller v. MillerTennessee Supreme Court · 1923

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