Legal Opinion

Northern Milling Co. v. Mackey

Appellate Court of Illinois

Decided December 12, 1901PublishedCited by 7 opinions

Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Heard in this court at the March term, 1901.

1Opinion of the Court

Mr. Presiding Justice Windes

delivered the opinion of the court.

The first claim of appellant’s counsel is that the declaration states no cause of action. We will only consider the second count of the amended declaration, since the two counts of that declaration on which the case was tried are quite similar, and if the second count is insufficient, the first is also.

It has been repeatedly held that a declaration in a case of this kind should state facts from which the law will raise a duty from the master to the servant — must state facts from which negligence will be presumed. If it fails so…

2Cases cited8 opinions

  1. Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
  2. Joliet Steel Co. v. ShieldsIllinois Supreme Court · 1890
  3. Ayers v. City of ChicagoIllinois Supreme Court · 1884
  4. Hoener v. KochIllinois Supreme Court · 1877
  5. West Chicago Street Railroad v. CoitAppellate Court of Illinois · 1893

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3Cited by7 opinions

  1. Ballard v. JonesAppellate Court of Illinois · 1974
  2. Indianapolis & Cincinnati Traction Co. v. SherryIndiana Court of Appeals · 1917
  3. Chicago, Lake Shore & Eastern Railway Co. v. McAndrewsAppellate Court of Illinois · 1906
  4. Pullman Co. v. WoodfolkAppellate Court of Illinois · 1905
  5. Budkiewicz v. Elgin, Joliet & Eastern Railway Co.Indiana Supreme Court · 1958

2 more not listed; retrieve them via the Exa API.

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