Legal Opinion

Conlon v. Bailey

Appellate Court of Illinois

Decided April 4, 1895PublishedCited by 5 opinions

Trespass on the Case, for personal injuries. Error to the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the March term, 1895.

1Opinion of the CourtJustice Gary

The defendants in error owned an ice wagon which was being driven along a public street. The plaintiff in error, between four and five years of age, climbed upon a step on the rear of the wagon, and a large block of ice slid out, falling on, and severely injuring him. Had the boards at the end of the wagon been higher, the ice would not have slid out. Had the boy not been upon the step, he would not have been injured as he was. Admit that the defendants in error were negligent in securing the ice, yet they were negligent only toward those to whom they owed a duty. “ There can be no negligence…

2Cases cited5 opinions

  1. Chicago City Railway Co. v. WilcoxIllinois Supreme Court · 1891
  2. Chicago City Railway Co. v. WilcoxAppellate Court of Illinois · 1889
  3. Chicago & Western Indiana Railroad v. RoathAppellate Court of Illinois · 1890
  4. Chicago Consolidated Bottling Co. v. McGinnisAppellate Court of Illinois · 1894
  5. West Chicago Street R. R. v. BinderAppellate Court of Illinois · 1894

3Cited by5 opinions

  1. Matijevich v. Dolese & Shepard Co.Appellate Court of Illinois · 1931
  2. Bowers v. Standard Fuel & Ice Co.Washington Supreme Court · 1916
  3. Schlatter v. City of PeoriaAppellate Court of Illinois · 1941
  4. Ziech v. HehardAppellate Court of Illinois · 1896
  5. Kerins v. AndersonAppellate Court of Illinois · 1912

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