Legal Opinion

Ross v. Shanley

Illinois Supreme Court

Decided April 17, 1900PublishedCited by 22 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. George W. Brown, Judge, presiding. Appellee recovered a judgment in the circuit court, against appellants, for $2000, which judgment was affirmed by the Appellate Court, and appellants now present the record to this court. . The action was case.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. George W. Brown, Judge, presiding. Appellee recovered a judgment in the circuit court, against appellants, for $2000, which judgment was affirmed by the Appellate Court, and appellants now present the record to this court. . The action was case. The declaration charged that appellants were engaged in constructing a tunnel for the city of Chicago under the lake, and that appellee was employed as a bricklayer therein; that appellants were negligent in failing to…

1Per curiam

In deciding this case, the Appellate Court delivered the following opinion:

“Appellants’ counsel, in his brief, makes twenty-one different points on account of which he claims that the judgment should be reversed. We think they may all be summarized under four different headings, viz.: First, that the negligence charged was not proven; second, that the hazard was assumed by appellee; .third, that there was a variance between the proof and the allegations of the amended declaration; and fourth, that the court erred in sustaining the demurrer to the plea of the Statute of Limitations to the…

2Cases cited2 opinions

  1. Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
  2. National Syrup Co. v. CarlsonIllinois Supreme Court · 1895

3Cited by22 opinions

  1. City of LaSalle v. KostkaIllinois Supreme Court · 1901
  2. Maloney v. Winston Bros.Idaho Supreme Court · 1910
  3. Beresford v. American Coal Co.Supreme Court of Iowa · 1904
  4. Christianson v. Pacific Bridge Co.Washington Supreme Court · 1902
  5. Barnett & Record Co. v. SchlapkaIllinois Supreme Court · 1904

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