Legal Opinion

City of Chicago v. Powers

Appellate Court of Illinois

Decided December 16, 1904No. Gen. No. 11,379PublishedCited by 8 opinions

Action on the case for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1903.

1Opinion of the CourtJustice Freeman

It is contended that the city is not liable under the evidence; that there is no evidence that the city knew or by reasonable care could'have known the condition of the railing, and that there was error in the admission and exclusion of evidence.

Appellee’s story of the accident is that he was on his way home past the corner where he fell. He knew there were steps leading down to the basement, and knew that there was a railing in front. He says that he felt himself getting a little weak, and said to himself, “ How, if I rest a little while on one of those handles on the railing, then I will…

2Cases cited11 opinions

  1. Illinois Central Railroad v. SmithIllinois Supreme Court · 1904
  2. People v. HareMichigan Supreme Court · 1885
  3. Chicago & Alton Railroad v. Springfield & Northwestern RailroadIllinois Supreme Court · 1873
  4. Jones v. President of PortlandMichigan Supreme Court · 1891
  5. Cannon v. PeopleIllinois Supreme Court · 1892

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3Cited by8 opinions

  1. Spinney's Administratrix v. HookerSupreme Court of Vermont · 1917
  2. Chicago City Railway Co. v. SoszynskiAppellate Court of Illinois · 1907
  3. Elgin, Aurora & Southern Traction Co. v. HenchAppellate Court of Illinois · 1907
  4. City of Chicago v. DidierAppellate Court of Illinois · 1907
  5. Mastin v. National Tea Co.Appellate Court of Illinois · 1934

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