Legal Opinion

City of Chicago v. Major

Illinois Supreme Court

Decided April 15, 1857PublishedCited by 105 opinions

The declaration in this case charges that Madison street, in the city of Chicago, was and is a common public highway and thoroughfare, of which the city had the care and management, and was bound to keep free and clear of, and from all obstructions and hindrances to free passage.

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The declaration in this case charges that Madison street, in the city of Chicago, was and is a common public highway and thoroughfare, of which the city had the care and management, and was bound to keep free and clear of, and from all obstructions and hindrances to free passage. That on the 6th day of August, 1854, before that time and since, there was, and stood upon Madison street, and opposite the entrance of another street, to wit, Franklin, a reservoir or tank, which the city had constructed for the collection of water for its uses and purposes, which reservoir was square in shape,…

1Opinion of the CourtCaton, J.

The first, and altogether the most important question here is, whether the case is within the statute, and can he maintained. The person for whose death this action is brought was a child, four years of age, and the action is brought by the father of the child, as administrator. The first section of the statute under which this action is brought, is as follows:

“ That whenever the death of a person shall be caused hy wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover…

2Cited by105 opinions

  1. Williams v. ManchesterIllinois Supreme Court · 2008
  2. Nudd v. MatsoukasIllinois Supreme Court · 1956
  3. Bullard v. BarnesIllinois Supreme Court · 1984
  4. Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
  5. Wilcox v. BierdIllinois Supreme Court · 1928

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