Chicago Forge & Bolt Co. v. Major
Appellate Court of Illinois
Appeal from the Superior Oourt of Cook County; the Hon. John P. Altgeld, Judge, presiding. This is an action on the case brought by appellee against appellant to recover damages alleged to have been caused to appellee’s premises by the operation of appellant’s bridge works. In 1871 the American Bridge Company erected its works, including two steam trip hammers, on its tract of land of about eleven acres near the city of Chicago.
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Appeal from the Superior Oourt of Cook County; the Hon. John P. Altgeld, Judge, presiding. This is an action on the case brought by appellee against appellant to recover damages alleged to have been caused to appellee’s premises by the operation of appellant’s bridge works. In 1871 the American Bridge Company erected its works, including two steam trip hammers, on its tract of land of about eleven acres near the city of Chicago. In 1881 appellee purchased the premises which are the subject of this action, and afterward erected a dwelling house thereon. From 1871 to about the year 1885, the…
1Opinion of the CourtGarnett, P. J.
The statute of limitations might have been successfully interposed, if the suit had been based on injuries, alleged to have arisen from the hammer shop which was erected in 1871. No damages are sought to be recovered on that account, nor does the record show clearly that the shop as originally built and operated, injuriously affected the plaintiff in person or property. In the absence of evidence it would be presumed no injury was occasioned thereby. The removal of the shop, in 1886, to a point almost contiguous to appellant’s residence, and the enlargement of its machinery so as to increase…
2Cases cited2 opinions
- Calumet Iron & Steel Co. v. MartinIllinois Supreme Court · 1885
- Willard v. SwansonAppellate Court of Illinois · 1887
3Cited by4 opinions
- Chicago Forge & Bolt Co. v. SancheAppellate Court of Illinois · 1889
- City of Chicago v. SpoorAppellate Court of Illinois · 1900
- Chicago & Great Western Railroad v. WedelAppellate Court of Illinois · 1892
- Hafner v. Herron ex rel. SchmidlapAppellate Court of Illinois · 1895