Legal Opinion

Kellar v. Shippee

Appellate Court of Illinois

Decided December 12, 1892PublishedCited by 8 opinions

In error to the Circuit Court of Peoria County; the Hon. H. E. Wortiiirotor, Judge, presiding.

1Opinion of the CourtJustice Cartwright

This was a suit commenced by Orrin Shippee, defendant in error, against James G. Kellar, plaintiff in error, before a justice of the peace, to recover damages sustained by the falling of a colt into a ditch dug by Kellar, whereby the colt was killed. There was a recovery in justice’s court, and on appeal by Kellar to the Circuit Court, there was a trial, resulting in a verdict for §100, on which judgment was entered.

On the trial the following facts were proven: James G. Kellar, being desirous of draining a pond on Ms land, dug a ditch for that purpose, varying in depth from about three feet…

2Cases cited2 opinions

  1. City of Chicago v. SheehanIllinois Supreme Court · 1885
  2. Northrup v. SmothersAppellate Court of Illinois · 1891

3Cited by8 opinions

  1. Morgan County v. PayneSupreme Court of Alabama · 1922
  2. Hankins v. ReimersNebraska Supreme Court · 1910
  3. Gilman v. LeeAppellate Court of Illinois · 1959
  4. Robinson v. WarrenSupreme Judicial Court of Maine · 1930
  5. Hunt-Berlin Coal Co. v. McDonald Coal Co.Tennessee Supreme Court · 1923

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