Ayers v. City of Chicago
Illinois Supreme Court
Appeal from the Appellate Court for the First District; — - heard in that court on appeal from the Superior Court of Cook county; the Hon. Bollin S. Williamson, Judge, presiding.
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Appeal from the Appellate Court for the First District; — - heard in that court on appeal from the Superior Court of Cook county; the Hon. Bollin S. Williamson, Judge, presiding. This is an action of trespass on the case, wherein appellant, as plaintiff, alleges in his declaration that on the 11th day of December, A. D. 1881, the defendant (the appellee) was the possessor and occupier of a certain messuage and premises, situated on the north-west corner of Washington and Clark streets, in the city of Chicago, in the county of Cook, adjoining the public highway or side'walk about said…
1Opinion of the CourtJustice Dickey
We find no error in the judgment of the Appellate Court. The judgment of the Superior Court of Cook county was properly affirmed. The only question of law presented by the record relates to the propriety of the instruction directing the jury to find for the defendant, upon the ground stated in the instruction, — that “there is no evidence to sustain the material allegations of the plaintiff’s declaration.”
The gist of the complaint, as stated in the declaration, is, that the defendant was in possession and occupancy of premises adjoining a public highway, and that on these premises so…
2Cited by26 opinions
- Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
- Sargent Co. v. BaublisIllinois Supreme Court · 1905
- Taylor v. FelsingIllinois Supreme Court · 1896
- McAndrews v. Chicago, Lake Shore & Eastern Railway Co.Illinois Supreme Court · 1906
- Mackey v. Northern Milling Co.Illinois Supreme Court · 1904
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