City of LaSalle v. Kostka
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding. This is an action on the case, brought by appellee against appellant to recover damages for injuries sustained by him in consequence of the caving in of the banks of a sewer, in which he was working for appellant under the direction of its street superintendent.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding. This is an action on the case, brought by appellee against appellant to recover damages for injuries sustained by him in consequence of the caving in of the banks of a sewer, in which he was working for appellant under the direction of its street superintendent. The sewer caved in and seriously injured appellee. Two years later be brought this suit. The defendant filed a plea of not guilty and, upon trial by jury, there…
1Opinion of the CourtJustice Magruder
The appellant announces in its brief, that it relies for a reversal of the judgment in this case upon the following- propositions: “First, that the court erred in giving the two instructions asked by appellee; second, that the court erred in refusing several of the instructions asked by appellant; third, that the court erred in permitting the appellee to make proof of the fact, that the ditch in question was not shored or braced at the place of the accident at the time of the injury; fourth, because the damages awarded the appellee were excessive.”
As to the fourth proposition, that the…
2Cases cited11 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883
- Chicago & Eastern Illinois Railroad v. HinesIllinois Supreme Court · 1890
- Noyes v. SmithSupreme Court of Vermont · 1855
- Pennsylvania Co. v. FranaIllinois Supreme Court · 1884
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- Western Stone Co. v. MuscialIllinois Supreme Court · 1902
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