Hartford Deposit Co. v. Calkins
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. Appellant erected a fourteen-story office building in the city of Chicago, upon premises adjoining those of which appellees were in possession as lessees.
Read the full summary
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. Appellant erected a fourteen-story office building in the city of Chicago, upon premises adjoining those of which appellees were in possession as lessees. Upon the dividing line was a party wall, and it became necessary to strengthen the foundations of this, and run steel columns up through channels cut into this wall in order to support the additional weight of the new structure. As the channels for the steel columns…
1Opinion of the CourtJustice Wilkin
The only ground of reversal urged by appellant is that the trial court erred in modifying the following instruction asked by appellant:
“The jury are instructed that a person can in no case recover for damages to his business or property which he permits to go on knowing that it is going on, and without making every reasonable effort and taking active steps to prevent it or have it stopped. If you believe, from the evidence, that plaintiffs knew théir premises were being damaged, and that they permitted the damage to continue when by their own efforts the damage might have been stopped or…
2Cases cited4 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Sherman Center Town Co. v. LeonardSupreme Court of Kansas · 1891
- Mather v. Butler CountySupreme Court of Iowa · 1869
- Miller v. Trustees of the Mariner's ChurchSupreme Judicial Court of Maine · 1830
3Cited by18 opinions
- Chicago Union Traction Co. v. LauthIllinois Supreme Court · 1905
- Evans v. HowellIllinois Supreme Court · 1904
- Bloomington Hotel Co. v. GarthwaitIllinois Supreme Court · 1907
- Wabash Railroad v. CampbellIllinois Supreme Court · 1905
- Ahmer v. PetersAppellate Court of Illinois · 1958
13 more not listed; retrieve them via the Exa API.