Legal Opinion

L. Wolff Manufacturing Co. v. Wilson

Appellate Court of Illinois

Decided November 17, 1892PublishedCited by 5 opinions

Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. The appellee in this case was injured by the falling of an - iron post standing upon the sidewalk in Chicago; this post was painted" and used as a barber sign, and presented the appearance .of wood; it was not properly braced or fastened to the walk. The evidence shows that the post was eighteen inches in diameter at the bottom, ten to twelve feet high and weighed from 500 to 800 pounds.

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Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. The appellee in this case was injured by the falling of an - iron post standing upon the sidewalk in Chicago; this post was painted" and used as a barber sign, and presented the appearance .of wood; it was not properly braced or fastened to the walk. The evidence shows that the post was eighteen inches in diameter at the bottom, ten to twelve feet high and weighed from 500 to 800 pounds. This post was hit by the truck of defendant company, which was being backed around in the usual way to unload some goods.…

1Opinion of the CourtJustice Waterman

It is not claimed by appellant

that the falling of the post was caused by any mere jar; it is admitted that the body of appellant’s wagon projecting over the sidewalk struck the post’ and made it fall; but it is insisted that the servant of appellant in charge of its wagon was using all due care and caution, and that there is no evidence showing any want of care upon his part. If from the evidence we could draw the same conclusion as does the learned counsel for appellant, we should come to the same result. We agree with him in nearly all that he says as to the law governing this case, and…

2Cases cited10 opinions

  1. Chicago & Northwestern Railway Co. v. DunleavyIllinois Supreme Court · 1889
  2. Chicago, Burlington & Quincy Railroad v. JohnsonIllinois Supreme Court · 1882
  3. Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
  4. Frandsen v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1873
  5. Karr v. ParksCalifornia Supreme Court · 1870

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

3Cited by5 opinions

  1. Metropolitan Trust Co. v. Bowman Dairy Co.Appellate Court of Illinois · 1937
  2. Chicago & Alton Railway Co. v. O'LearyAppellate Court of Illinois · 1906
  3. Calumet Electric Street Railway Co. v. Van PeltAppellate Court of Illinois · 1897
  4. Lindsey v. StateCourt of Claims of Illinois · 1959
  5. Western Stone Co. v. WhalenAppellate Court of Illinois · 1894

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