West Chicago Street Railroad v. Coit
Appellate Court of Illinois
Memorandum.—Action for personal injuries. In the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1893.
1Opinion of the Court
Opinion of the Court,
Gary, J.
This court has, in sundry places, asserted that an allegation of duty—-that a certain act or line of conduct was a duty—is superfluous; that if, from the facts stated, the law would imply the duty, the allegation was unnecessary, if not useless. So far as has come to our knowledge, our assertion has attracted little attention. It is probable that the sanction of the doctrine by the Supreme Court will meet with the same reception. People v. Zingraf, 43 Ill. App. 337; Chicago Con. Bot. Co. v. Milton, 41 Ill. App. 254; Zjednoczcnie v. Sadecki, 41 Ill. App. 329; Ayres…
2Cases cited6 opinions
- Ottawa, Oswego & Fox River Valley R. R. v. McMathIllinois Supreme Court · 1878
- Joliet Steel Co. v. ShieldsIllinois Supreme Court · 1890
- Zjednoczenie v. SadeckiAppellate Court of Illinois · 1891
- Kratz v. BuckIllinois Supreme Court · 1884
- People v. ZingrafAppellate Court of Illinois · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1904
- Chicago Terminal Transfer Railroad v. VandenbergIndiana Supreme Court · 1905
- Chicago, Indianapolis & Louisville Railway Co. v. BarnesIndiana Supreme Court · 1905
- Chicago & Erie Railroad v. LainIndiana Supreme Court · 1908
- Cribben v. CallaghanIllinois Supreme Court · 1895
7 more not listed; retrieve them via the Exa API.