Foster v. City of Chicago
Illinois Supreme Court
Appeal from the Branch Appellate Court for th e First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. The following is a statement of the facts of this case, as made by the Appellate Court: “This is an action by the administrator of the estate of one John Shea, to recover, under the statute, damages to the next of kin for alleged negligence of defendant causing the death of the intestate.
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Appeal from the Branch Appellate Court for th e First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. The following is a statement of the facts of this case, as made by the Appellate Court: “This is an action by the administrator of the estate of one John Shea, to recover, under the statute, damages to the next of kin for alleged negligence of defendant causing the death of the intestate. At the close of all the evidence the court instructed the jury to find the defendant not guilty. “The deceased was killed by the…
1Per curiam
In deciding the case the Appellate Court delivered the following opinion:
“It is sought to hold the city liable for the injury upon . the ground, as stated by appellant’s attorneys, that under the law and by the terms of this contract the burden rested upon the city to see that the work was ‘safely and properly done;’ that the city assumed the responsibility because it ‘remained in a position of control’ over the work and the improvement. The defense of the city is, that the work was done under a written contract by an independent contractor, for whose negligence it cannot be held liable.
“It…
2Cases cited5 opinions
- Hale v. JohnsonIllinois Supreme Court · 1875
- West v. St. Louis, Vandalia & Terre Haute R. R.Illinois Supreme Court · 1872
- City of Springfield v. Le ClaireIllinois Supreme Court · 1869
- City of Chicago v. DermodyIllinois Supreme Court · 1871
- City of Chicago v. JoneyIllinois Supreme Court · 1871
3Cited by40 opinions
- Prest-O-Lite Co. v. SkeelIndiana Supreme Court · 1914
- Salmon v. Kansas CitySupreme Court of Missouri · 1912
- Odom v. Sanford & TreadwayTennessee Supreme Court · 1927
- Carleton v. Foundry & Machine Products Co.Michigan Supreme Court · 1917
- Warner v. SynnesOregon Supreme Court · 1924
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