City of Joliet v. Harwood
Illinois Supreme Court
Appeal from the Circuit Court of Will County; the Hon. Josiah McRoberts, Judge, presiding. This is an action by Harwood against the city, brought before a justice of the peace, taken by appeal to the circuit court, and there tried by the court, without a jury. It appeared upon the trial that the city of Joliet let a contract to O’Riley to construct a sewer through certain of its streets, according to certain plans and specifications.
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Appeal from the Circuit Court of Will County; the Hon. Josiah McRoberts, Judge, presiding. This is an action by Harwood against the city, brought before a justice of the peace, taken by appeal to the circuit court, and there tried by the court, without a jury. It appeared upon the trial that the city of Joliet let a contract to O’Riley to construct a sewer through certain of its streets, according to certain plans and specifications. The work to be done was such that it was necessary to the performance of the contract that the excavation in a part of a principal street should be done by…
1Opinion of the CourtJustice Dickev
It is insisted that O’Riley, the contractor, is responsible-for this injury, and not the city; and this upon the position that where public work is done by an independent contractor, with the city, the doctrine of respondeat superior does-not apply. Dillon, in his excellent work on Municipal Corporations (sec. 792), says : “ Such is the general rule ; but it is important to bear in mind that it does not apply where the contract directly requires the -performance of" work intrinsically dangerous, however skillfully performed. In such case a .party authorizing the work is regarded as the author…
2Cited by42 opinions
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- Indiana Harbor Belt Railroad Company, Cross-Appellant v. American Cyanamid Company, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1990
- Riordan v. International Armament Corp.Appellate Court of Illinois · 1985
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