Henchey v. City of Chicago
Illinois Supreme Court
Writ of Ebbob to the Circuit Court of Cook county; the Hon. Ebastus S. Williams, Judge, presiding. This was an action of trespass' on the case brought in the court below by Honora Henchey, as administratrix of the estate of John Henchey, deceased, against the city of Chicago, to recover damages for causing the death of the said John Henchey.
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Writ of Ebbob to the Circuit Court of Cook county; the Hon. Ebastus S. Williams, Judge, presiding. This was an action of trespass' on the case brought in the court below by Honora Henchey, as administratrix of the estate of John Henchey, deceased, against the city of Chicago, to recover damages for causing the death of the said John Henchey. It is alleged in the declaration, that, on the night of the 29th of July, 1863, the draw-bridge across the south branch of the Chicago river, in the city of Chicago, known as the “ Polk Street bridge,” was carelessly left open, without any lights or other…
1Opinion of the CourtJustice Lawrence
Although the better practice undoubtedly is, not to dismiss a suit in the absence of plaintiff’s counsel, upon motion of defendant’s counsel based upon a stipulation to that effect, signed by the plaintiff in person, yet we cannot set aside the action of the court merely for that reason, and in the absence of proof that the stipulation was fraudulently or improperly obtained. After an attentive examination of the affidavits filed in this case, we cannot see that the officers of the city resorted to fraud, misrepresentation, or illegal means of any sort, in making the compromise. Some of them…
2Cases cited3 opinions
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- Getchell v. ClarkMassachusetts Supreme Judicial Court · 1809
3Cited by27 opinions
- McIntyre v. SholtyIllinois Supreme Court · 1891
- Cameron v. BoegerIllinois Supreme Court · 1902
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. GipeIndiana Supreme Court · 1903
- Washington v. Louisville & Nashville Railway Co.Illinois Supreme Court · 1891
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
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