Kolb v. Sandwich Enterprise Co.
Appellate Court of Illinois
Appeal from the Circuit Court of De Kalb County; the Hon. Charles Kellum, Judge, presiding. This was an action on the case brought against appellee under the statute concerning injuries caused by the wrongful killing of persons. The declaration counts for the wrongful killing of Henry Kolb, the husband of appellant, occasioned by a fall through a trap or hole in the floor of appellee’s shop or manufactory in the city of Sandwich in said county.
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Appeal from the Circuit Court of De Kalb County; the Hon. Charles Kellum, Judge, presiding. This was an action on the case brought against appellee under the statute concerning injuries caused by the wrongful killing of persons. The declaration counts for the wrongful killing of Henry Kolb, the husband of appellant, occasioned by a fall through a trap or hole in the floor of appellee’s shop or manufactory in the city of Sandwich in said county. The declaration charges that the appellee had negligently and carelessly constructed and maintained in the fourth floor of its said shop, a hole or…
1Opinion of the CourtLacey, J.
It is insisted by the appellant that the appellee was negligent in placing the trap-door so near the exit of the elevator, and in a very dangerous position, and also in having the trap-door open at the time, it not being very light in the. room, without warning the deceased of the fact of its being open; that it was a clear case for the determination of the jury, and the evidence tended, at least, to support the charge of negligence. The appellant’s counsel contends that if the evidence tends to prove the negligence, then the court' below had no legal right to take the case from the jury,…
2Cases cited14 opinions
- Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
- Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- Camp Point Manufacturing Co. v. BallouIllinois Supreme Court · 1874
- Abend v. Terre Haute & Indianapolis RailroadIllinois Supreme Court · 1884
- City of East St. Louis v. O'FlynnIllinois Supreme Court · 1887
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3Cited by3 opinions
- Wawryszyn v. Illinois Central RailroadAppellate Court of Illinois · 1956
- Reilly v. NicollWest Virginia Supreme Court · 1913
- Pullman Palace Car Co. v. ConnellAppellate Court of Illinois · 1898