Slagle v. Village of Averyville

Mr. Presiding Justice Willis

delivered the opinion of the court.

This was an action on the case brought by appellee, Lizzie L. Slagle, administratrix of the estate of Philip R. Slagle, deceased, in the Circuit Court of Peoria county, against appellant, the Village of Averyville, to recover damages resulting from the death of said. Slagle while shoveling gravel in a pit owned and operated by appellant. Appellee filed a declaration containing two counts which in substance averred that, on September 4, 1906, and theretofore, appellant owned, operated and controlled a certain gravel bank or pit,…