City of Chicago v. Roth
Illinois Supreme Court
This was an action of assumpsit. The count was for work and labor. Plea, general issue. Case submitted to court for trial without a jury.
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This was an action of assumpsit. The count was for work and labor. Plea, general issue. Case submitted to court for trial without a jury. The parties filed an agreed state of facts substantially as follows: The appellee is a carpenter, and worked on street crossings and streets in the West Division of the city, in October and November, 1859, twenty-three and a half days, at one dollar and a quarter per day, being $29.37. He was employed for such labor by Peter Beygeh, street commissioner of West Division, and it was done under his direction, and was necessary work. Appellee labored on streets…
1Opinion of the CourtCaton, C. J.
The laborer was employed by the proper officer of the city, and under such employment did the work for the city, and if the agent of the city disobeyed the lawful orders of the city authorities to suspend the work on the streets, the officer and not the laborer is responsible for such disobedience. It would be a hard rule of law which would require the laborers on the streets of the city, when employed by the street commissioner or other proper officer of the city, to go to the mayor, or comptroller, or city clerk, and see whether the work on that street had not been, ordered to be suspended.…
2Cited by2 opinions
- Sanitary District v. George F. Blake Manufacturing Co.Illinois Supreme Court · 1899
- George F. Blake Mfg. Co. v. Sanitary DistrictAppellate Court of Illinois · 1898