City of Bloomington v. Legg
Illinois Supreme Court
Appeal from the Appellate Court for the Third District; —heard in that court on appeal from the Circuit Court of McLean County; the Hon. Owen T. Beeves, Judge, presiding. This was an action on the case to recover damages for the death of Silas M. Legg, son of appellee. The declaration charges that the City of Bloomington erected a fountain on North Main street, to be used for drinking purposes and for watering horses.
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Appeal from the Appellate Court for the Third District; —heard in that court on appeal from the Circuit Court of McLean County; the Hon. Owen T. Beeves, Judge, presiding. This was an action on the case to recover damages for the death of Silas M. Legg, son of appellee. The declaration charges that the City of Bloomington erected a fountain on North Main street, to be used for drinking purposes and for watering horses. That around the fountain was a basin, into which water was conducted by two spouts; that the spouts were placed where the heads and bridles of the horses would come when…
1Opinion of the CourtJustice Phillips
The declaration contained several counts, some of which alleged that the spouts of the fountain turned downward at an angle at the end, whilst other counts charged the spouts as projecting straight out.
Evidence was admitted, over the defendant’s objection, that other accidents had occurred of a similar character to that which resulted in injury to the deceased. Evidence of other accidents occurring from the same cause is by many courts held incompetent.
This court has held such evidence competent, not for the purpose of showing independent acts of negligence, but as tending to show the common…
2Cases cited5 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Hodges v. PercivalIllinois Supreme Court · 1890
- City of Topeka v. SherwoodSupreme Court of Kansas · 1888
- Ottawa Gas-Light & Coke Co. v. GrahamIllinois Supreme Court · 1864
3Cited by37 opinions
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- Grubb v. Illinois Terminal Co.Illinois Supreme Court · 1937
- Chicago Great Western Ry. Co. v. McDonoughCourt of Appeals for the Eighth Circuit · 1908
- City of Chicago v. JarvisIllinois Supreme Court · 1907
- Bass v. Cincinnati, Inc.Appellate Court of Illinois · 1989
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