Legal Opinion

City of Chicago v. Murdoch

Appellate Court of Illinois

Decided April 22, 1904No. Gen. No. 11,108PublishedCited by 1 opinion

Action on the case for injuries to real property. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1903.

1Opinion of the CourtJustice Stein

Appellant takes the broad ground, that it is not liable for the injury to appellees’ building for the reason that the work on the tunnel was done by an independent contractor such as Duffy is claimed to have been. This is the general rule, subject, however, to some exceptions. The rule does not apply to a public work performed in a manner inherently dangerous, (City of Joliet v. Harwood, 86 Ill. 110; Village of Jefferson v. Chapman, 127 Ill. 438; Electric Co. v. Hauswald, 78 Ill. App. 359; 16 A. & E. Enc., 2nd ed., 201,) nor where an individual or corporation has work done pursuant to a…

2Cases cited11 opinions

  1. Wagner v. City of Rock IslandIllinois Supreme Court · 1893
  2. Fitz Simons & Connell Co. v. Braun & FittsIllinois Supreme Court · 1902
  3. North Chicago Street Railroad v. DudgeonIllinois Supreme Court · 1900
  4. Chicago Economic Fuel Gas Co. v. MyersIllinois Supreme Court · 1897
  5. Village of Jefferson v. ChapmanIllinois Supreme Court · 1889

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3Cited by1 opinion

  1. Gerrard v. PorchedduAppellate Court of Illinois · 1927

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