Legal Opinion

Village of Montgomery v. Robertson

Illinois Supreme Court

Decided October 23, 1907PublishedCited by 12 opinions

Writ of Error to the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Kane county; the Hon. H. B. Willis, Judge, presiding.

1Opinion of the CourtJustice Cartwright

While defendant in error was in the employ of plaintiff in error as a laborer, shoveling gravel in a gravel pit, his leg was broken by the falling of a gravel bank. He sued his employer for resulting damages and recovered a judgment in the circuit court of Kane county, which has been affirmed by the Appellate Court for the Second District.

The declaration is of great length, containing eight counts, but its charges may be summarized as follows: (1) That the gravel pit was a dangerous place to work, which was known to defendant and unknown to plaintiff; (2) that defendant failed to perform its…

2Cases cited5 opinions

  1. City of LaSalle v. KostkaIllinois Supreme Court · 1901
  2. Chicago Anderson Pressed Brick Co. v. SobkowiakIllinois Supreme Court · 1894
  3. Western Stone Co. v. MuscialIllinois Supreme Court · 1902
  4. Chicago & Alton Railway Co. v. BellIllinois Supreme Court · 1904
  5. Barnett & Record Co. v. SchlapkaIllinois Supreme Court · 1904

3Cited by12 opinions

  1. Conroy's Admx. v. NelsonSupreme Court of Vermont · 1912
  2. Morgan v. Wabash RailroadAppellate Court of Illinois · 1910
  3. Geraghty v. William Grace Co.Appellate Court of Illinois · 1910
  4. Gunszfsky v. Peoples Gas Light & Coke Co.Appellate Court of Illinois · 1908
  5. Kiddy v. Toledo, Peoria & Western RailroadAppellate Court of Illinois · 1970

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