Dobbins v. Duquid
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of trespass quare clausum, fregitby James Duquid and James Creighton against Thomas S. Dobbins.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of trespass quare clausum, fregitby James Duquid and James Creighton against Thomas S. Dobbins. The declaration alleged that the plaintiffs were in the lawful possession of the close, describing it, and that they had built up a business and trade at the locus in quo, under the name of Duquid & Creighton, and were in the lawful possession thereof, and carrying on said business on the 12th day of October, 1871, on which day the defendant forcibly broke and entered said premises so…
1Opinion of the CourtJustice Thornton
After a careful consideration of this case, we are of opinion that the judgment should be reversed.
From the facts proved the damages are certainly excessive. They resulted chiefly from the loss of the retail business of th.e parties. If this could have been prevented by reasonable effort, then the verdict is manifestly unjust.
There is not evidence of wilful and wanton conduct on the part of Dobbins. His agents had leased the premises to the plaintiffs below, and the term did not expire until May, 1872. They had a building on the premises,' and carried on the business of coal and wood dealers.…
2Cases cited1 opinion
- Green v. WilliamsIllinois Supreme Court · 1867
3Cited by15 opinions
- Hodges v. A. P. Fries & Co.Supreme Court of Florida · 1894
- Peck v. Chicago Railways Co.Illinois Supreme Court · 1915
- Wellington v. SpencerSupreme Court of Oklahoma · 1913
- Snodgrass v. ReynoldsSupreme Court of Alabama · 1885
- Baumier v. AntiauMichigan Supreme Court · 1890
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