Casey v. Adams
Appellate Court of Illinois
Action in case for death, caused by alleged wrongful act. Error to the Superior Court of Cook county; the Hon. Theodobe Bbentano, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1907.
1Opinion of the CourtJustice Smith
The gravamen of the claim of plaintiff in error as set forth in the declaration is that the deceased was not a trespasser or naked licensee, but was on the premises at the invitation, express or implied, of the tenant of defendant in error, and that by reason of the failure of defendant in error to provide a barrier for the doorway or a light in the shaft, the deceased failed to see where the shaft was, and as a result fell into it.
There is no material conflict in the facts shown by the evidence. Nor is there any question made that the testimony produced was not admissible under the averments…
2Cases cited20 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Gibson v. LeonardIllinois Supreme Court · 1892
- Woodruff v. BowenIndiana Supreme Court · 1893
- B. Shoninger Co. v. MannIllinois Supreme Court · 1905
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
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3Cited by5 opinions
- Ryan v. Chicago & Northwestern Railway Co.Appellate Court of Illinois · 1942
- Swanson v. Peter Schoenhofen Brewing Co.Appellate Court of Illinois · 1919
- Heide v. SchubertAppellate Court of Illinois · 1912
- Phelan v. Middle States Oil Corp.District Court, N.D. Texas · 1926
- Railway Express Agency, Inc. v. RyanAppellate Court of Illinois · 1936