Wells v. O'Hare
Appellate Court of Illinois
Trespass on the Case.—Death from negligent act. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, 'Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. This is an appeal from a judgment in favor of the plaintiff in a suit for the alleged wrongful killing of plaintiff’s intestate, Michael Corbett, by a falling brick striking him on the head.
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Trespass on the Case.—Death from negligent act. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, 'Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. This is an appeal from a judgment in favor of the plaintiff in a suit for the alleged wrongful killing of plaintiff’s intestate, Michael Corbett, by a falling brick striking him on the head. At the time of receiving the injury, Corbett was in the employment of appellant, A. E. Wells, as a common laborer. Wells was a building contractor engaged in the mason and brick work of a nine-story…
1Opinion of the CourtJustice Stein
First. There is no direct evidence as to who or what caused the brick to fall, and appellant contends that there is no evidence of any kind tending to show the negligence charged. At the time of the accident no persons were in the building other than Kassar, the engineer, and appellant’s employes. One of the latter, Sullivan, was engaged on the ninth floor in removing the plank from under the elevator. The others and Kassar were on the first floor. There was no one on any intermediate floor. Nothing is shown to have been going on that could have jarred a brick loose anywhere. The lower cage…
2Cases cited21 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- City of LaSalle v. KostkaIllinois Supreme Court · 1901
- North Chicago Rolling Mill Co. v. JohnsonIllinois Supreme Court · 1885
- Chicago & Alton Railroad v. Margaret HouseIllinois Supreme Court · 1898
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