Union Stock Yards & Transit Co. v. Rourke
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action on the case, brought by John Rourke, administrator of the estate of Bernard Rourke, deceased, against the Union Stock Yards and Transit Company of Chicago, to recover damages for the death of the plaintiff’s intestate, caused, as is alleged, by the negligence of the defendant.
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Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action on the case, brought by John Rourke, administrator of the estate of Bernard Rourke, deceased, against the Union Stock Yards and Transit Company of Chicago, to recover damages for the death of the plaintiff’s intestate, caused, as is alleged, by the negligence of the defendant. It appears that at the time of the death of the plaintiff’s intestate, and for several years prior thereto, the defendant was the owner of the east half of section 5, township 28, range 14, in Cook county, said…
1Opinion of the CourtBailey, J.
The deceased, at the time of his death, was upon the defendant’s land without any invitation from the defendant, either express or implied, and without legal right. Many other persons, it is true, were in the habit of passing over said land of their own motion and for their own convenience, and it does not appear that any objection to their so doing was ever raised by the defendant, but these facts, at the utmost, only raise an implication of a license to the deceased, to do the same thing, but gave him no right beyond that of a mere licensee.
The hole, chasm or trap, if it may be so called,…
2Cases cited5 opinions
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Young v. HarveyIndiana Supreme Court · 1861
- Hooker v. MillerSupreme Court of Iowa · 1873
3Cited by8 opinions
- Means v. Southern California Railway Co.California Supreme Court · 1904
- Briscoe v. Henderson Lighting & Power Co.Supreme Court of North Carolina · 1908
- Johnson v. Paducah Laundry Co.Court of Appeals of Kentucky · 1906
- Northwestern El. R. R. v. O'MalleyAppellate Court of Illinois · 1903
- McCann v. ThilemannAppellate Terms of the Supreme Court of New York · 1901
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