Legal Opinion

Cary v. City of Chicago

Appellate Court of Illinois

Decided October 31, 1895PublishedCited by 1 opinion

Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the October term, 1895.

1Opinion of the Court

Mr. Presiding Justice Gary

delivered the opinion of the Court.

The case made by the appellant is, that in Cottage Grove avenue was a double track street railway; that from 44th street south the avenue * had never been paved, outside of the tracks; that one Conway, under a contract with the city, was engaged in paving it; that under his contract he was obliged to use a steam roller weighing not less than fifteen tons to pack the foundation.

John Leibold was a plumber for whom the appellant worked, and they were both in a one horse wagon—Leibold driving—going south. Leibold knew for two months…

2Cases cited3 opinions

  1. Osgood v. City of ChicagoIllinois Supreme Court · 1894
  2. Fitzpatrick v. Chicago & Western Indiana RailroadAppellate Court of Illinois · 1889
  3. Osgood v. City of ChicagoAppellate Court of Illinois · 1892

3Cited by1 opinion

  1. Vosbeck v. KelloggSupreme Court of Minnesota · 1899

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