Espen v. Roberts
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Mr. Israel Cower, for appellant. We assert that there is not a scintilla of evidence showing, or tending to show, that the plaintiff or any of his employes caused the damage complained of, and none will be claimed to exist.
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Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Mr. Israel Cower, for appellant. We assert that there is not a scintilla of evidence showing, or tending to show, that the plaintiff or any of his employes caused the damage complained of, and none will be claimed to exist. Under the rules thus far laid down by the Supreme Court, and this court, the giving of an instruction predicated on evidence not in the record, is such an error as will reverse. Tillage of Evanston v. Lynch, 1 Ill. App. 63; Pease v. Catlins, Ill. App. 88; Hunting v. Baldwin, 6 Ill.…
1Opinion of the CourtGary, J.
The appellant occupied a part of the second floor of a store. The appellees occupied The whole of the fourth floor. On this floor the appellees had a tank to which a pipe from the city water supply led. There was a stop-cock in the pipe on the appellees’ floor, but it was left open. On the morning of May 6, 1887, it was discovered that during the preceding night this tank had filled and overflowed, and damage been done to the appellant’s goods, for which he brought this action. There is no evidence connecting the appellant, by the remotest allusion, with the management of this water-supply.
The…
2Cited by1 opinion
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