Legal Opinion

Middendorf v. Schulze

Appellate Court of Illinois

Decided December 30, 1902Published

Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901.

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the court.

This was an action to recover damages for personal injuries said to have been sustained by reason of the negligence of appellants. The plaintiff’s declaration, after stating that he was in the service of the defendants and that it was their duty to do certain things, proceeds:

“ Yet defendants, not regarding their duty in that behalf, so negligently and improperly failed to provide said elevator with such guards, appliances, checks and other equipments, for securing the entire and safe control of said elevator to the person using…

2Cases cited3 opinions

  1. Chicago, Burlington & Quincy Railroad v. AbendAppellate Court of Illinois · 1880
  2. Page v. NaughtonAppellate Division of the Supreme Court of the State of New York · 1901
  3. Tobin v. Friedman Manufacturing Co.Appellate Court of Illinois · 1896

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