Legal Opinion

Barnum & Richardson Manufacturing Co. v. Wagner

Appellate Court of Illinois

Decided June 1, 1896PublishedCited by 4 opinions

Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding.

1Opinion of the Court

Mr. Presiding Justice Gary

delivered the opinion oe the Court.

The appellee was laying brick into a wall some dozen feet, more or less, from a cupola furnace in a foundry conducted by the appellant. His presence at such work upon its premises was, presumably, directly or indirectly, at its instance. City of Chicago v. Johnson, 53 Ill. 91.

Omitting to state specifically that he was there by request or license of the appellee was, at most, a technical defect in the declaration, cured by verdict. Matson v. Swanson, 131 Ill. 255.

The brief for the appellant makes some gentle criticism of the rulings…

2Cases cited3 opinions

  1. McCausland v. WonderlyIllinois Supreme Court · 1870
  2. City of Chicago v. JohnsonIllinois Supreme Court · 1869
  3. Matson v. SwansonIllinois Supreme Court · 1890

3Cited by4 opinions

  1. Alabama Power Co. v. SmithSupreme Court of Alabama · 1934
  2. Missouri-Kansas-Texas Railroad v. IngramCourt of Appeals for the Tenth Circuit · 1963
  3. Southern Railway Co. v. DrakeAppellate Court of Illinois · 1903
  4. Missouri-Kansas-Texas Reilroad Company, a Corporation v. Gertrude Ingram and United States of America, Gertrude Ingram, Cross-Appellant v. United States of America, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1963

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