Legal Opinion

Sunasack v. Morey

Appellate Court of Illinois

Decided October 21, 1910No. Gen. No. 15,070Published

Action on the case. Appeal from the Circuit Court of Cook county; the Ron. Oscar E. Heard, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1908.

1Opinion of the CourtJustice Chytraus

This is an action on the case by a lessee against his lessor, for damages claimed to have been sustained by reason of the presence of sewer gas in the leased premises. At the close of the plaintiff’s case the trial judge peremptorily instructed the jury to return a verdict for the defendant and upon a verdict accordingly returned a judgment for the defendant was rendered. The plaintiff prosecutes this appeal to procure a reversal of that judgment.

This case was before this court in Sunasack v. Morey, 98 Ill. App. 505. A judgment of the trial court which sustained a demurrer to the declaration…

2Cases cited3 opinions

  1. Doyle v. Union Pacific Railway Co.Supreme Court of the United States · 1893
  2. Sunasack v. MoreyIllinois Supreme Court · 1902
  3. Sunasack v. MoreyAppellate Court of Illinois · 1901

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