Legal Opinion

Chicago Edison Co. v. Davis

Appellate Court of Illinois

Decided February 19, 1901PublishedCited by 7 opinions

Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Charles A. Bishop, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1900. Statement.—This is a suit for personal injuries. Appellee was, according to his counsel’s statement, in the employ of appellant as “a general laborer around the works.”

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Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Charles A. Bishop, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1900. Statement.—This is a suit for personal injuries. Appellee was, according to his counsel’s statement, in the employ of appellant as “a general laborer around the works.” The latter was at the time dismantling its plant at the place where the accident occurred, and removing the machinery. This work had been going on for some two weeks, and according to testimony introduced in his behalf, appellee had…

1Opinion of the CourtJustice Freeman

It is contended that the undisputed facts show there was no negligence on the part of appellant, as a matter of law, and that there can be no liability.

The ground upon which appellee’s attorneys insist the judgment must be sustained, is the alleged failure of the master to furnish appellee a safe place in which to work. The particular failure in this respect is claimed to have been the removal, without notice to appellee, of the “breeching” which had constituted a barrier on the east side of the platform where appellee fell off. While there is a statement in the declaration that “ it was so…

2Cases cited10 opinions

  1. Armour v. HahnSupreme Court of the United States · 1884
  2. Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
  3. Calumet Iron & Steel Co. v. MartinIllinois Supreme Court · 1885
  4. Boyle v. Illinois Central R. R.Appellate Court of Illinois · 1900
  5. McCann v. KennedyMassachusetts Supreme Judicial Court · 1896

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3Cited by7 opinions

  1. Jacobson v. United States Gypsum Co.Supreme Court of Iowa · 1909
  2. Falkeneau Construction Co. v. GinleyAppellate Court of Illinois · 1907
  3. F. J. McCain Co. v. KingsleyAppellate Court of Illinois · 1906
  4. McFarland v. Edmunds Manufacturing Co.Appellate Court of Illinois · 1901
  5. Piepho v. Merchants Loan & Trust Co.Appellate Court of Illinois · 1912

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