Grace & Hyde Co. v. Strong
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. This suit was brought by appellee to recover damages on behalf of the next of kin of Patrick J. Gannon, who was so injured April 7, 1902, by a falling wall that he died the following day. Deceased was in the employment of appellant in the construction of the Rock Island depot in the city of Chicago.
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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. Charles M. Walker, Judge, presiding. This suit was brought by appellee to recover damages on behalf of the next of kin of Patrick J. Gannon, who was so injured April 7, 1902, by a falling wall that he died the following day. Deceased was in the employment of appellant in the construction of the Rock Island depot in the city of Chicago. His duties were in excavating trenches for concrete piers, upon which the superstructure was to be built. At the time of his…
1Opinion of the CourtJustice Farmer
It is first contended by appellant that the declaration does not state a cause of action. The substance of the declaration is set out in the statement preceding this opinion. It sufficiently states a cause of action and is not subject to the objections made to it.
It is earnestly and ably argued that appellant had no knowledge that there was any danger of the wall falling; that deceased himself and his fellow-servants were producing the conditions which caused the wall to fall on him; that he was bound to, and did, see the result that must follow digging the trench so that the sand and earth…
2Cases cited2 opinions
- City of LaSalle v. KostkaIllinois Supreme Court · 1901
- Foster v. St. Luke's HospitalIllinois Supreme Court · 1901
3Cited by7 opinions
- Knierim v. IzzoIllinois Supreme Court · 1961
- Howlett v. DoglioIllinois Supreme Court · 1949
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. ReedIndiana Court of Appeals · 1909
- Englund v. Mississippi Valley Traction Co.Appellate Court of Illinois · 1908
- Armentrout v. HughesSupreme Court of North Carolina · 1958
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