Eckhart & Swan Milling Co. v. Schaefer
Appellate Court of Illinois
Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding.
1Opinion of the CourtJustice Smith
In the view we take of this case it is unnecessary for us to consider the many assignments of error based upon the action of the1 trial court in giving and refusing instructions, at the close of the trial. The question whether or not, under the. pleadings and the evidence, the plaintiff is entitled to recover, is fundamental, and if decided in the negative disposes of the case.
In the first count of the original declaration the plaintiff avers that the wooden spout was held in place only by a .wooden prop about ten feet long, placed upright, the lower end resting on the main floor of the…
2Cases cited6 opinions
- Herdman-Harrison Milling Co. v. SpehrIllinois Supreme Court · 1893
- Karr Supply Co. v. KroenigIllinois Supreme Court · 1897
- American Malting Co. v. LeliveltAppellate Court of Illinois · 1902
- Long v. HessIllinois Supreme Court · 1895
- Anderberg v. Chicago & N. W. Ry. Co.Appellate Court of Illinois · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Marshall v. FordAppellate Court of Illinois · 1906