O'Reily v. Fitzgerald
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. This was an action of trespass, brought by Michael Fitzgerald, by his next friend, Austin Fitzgerald, against Eugene O’Reily, for an alleged assault, and pushing and knocking the plaintiff out of a wagon in the city of Chicago, whereby his leg was broken. There was only one witness, Patrick Flynn, who testified, on the part of the plaintiff, that the defendant committed the alleged act.
Read the full summary
Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. This was an action of trespass, brought by Michael Fitzgerald, by his next friend, Austin Fitzgerald, against Eugene O’Reily, for an alleged assault, and pushing and knocking the plaintiff out of a wagon in the city of Chicago, whereby his leg was broken. There was only one witness, Patrick Flynn, who testified, on the part of the plaintiff, that the defendant committed the alleged act. The theory of the defense was, that the plaintiff jumped out of the wagon, and the evidence was conflicting. The plaintiff…
1Opinion of the CourtJustice Lawrence
delivered, the opinion of the Court:
The appellee, a boy in the service of 0’B.eily, was sent by his master upon an errand with a horse and wagon in the city of Chicago. Being absent longer than his master expected, the latter went in pursuit of him and found he had stopped where other boys were at play. The appellant jumped into the wagon and, as was alleged on the part of the plaintiff below, struck him a blow which knocked him out and broke his leg. The boy brought this suit and recovered damages. It was insisted on the part of the defendant below, appellant here, that the boy, as he saw…
2Cited by8 opinions
- Shevalier v. SeagerIllinois Supreme Court · 1887
- Bradley v. PalmerIllinois Supreme Court · 1901
- St. Louis National Stock Yards v. GodfreyAppellate Court of Illinois · 1902
- People v. HeinenIllinois Supreme Court · 1921
- Lourance v. GoodwinIllinois Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.