B. Shoninger Co. v. Mann
Appellate Court of Illinois
Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. John L. Healy, Judge, presiding. Heard in the Branch Appellate Court at the October term, •1904. Statement by the Court.
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Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. John L. Healy, Judge, presiding. Heard in the Branch Appellate Court at the October term, •1904. Statement by the Court. This is an action on the case commenced by Edward Mann, a minor sixteen years old, by Alexander Mann, his next friend, against B. Shoninger Company for injuries sustained by the plaintiff, appellee, by falling into an elevator shaft at 267 Wabash avenue, Chicago, on the 10th day of December, 1901. The declaration consists of two counts. The first count avers that the plaintiff…
1Opinion of the CourtJustice Smith
Mo question is made here as to the manner or the fact of the injury received by the plaintiff, nor is there any controversy as to the extent of the injury. It is contended, however, that under the pleadings and the evidence there should have been no recovery against the defendant.
It is not strongly insisted by counsel for appellant that appellant was not guilty of negligence in permitting the elevator shaft to remain open and unguarded and the entry way dark and without any light. The state of the record is such, however, that appellant is here insisting that appellee was guilty of…
2Cases cited10 opinions
- Lake Shore & Michigan Southern Railway Co. v. WardIllinois Supreme Court · 1891
- Springer v. FordIllinois Supreme Court · 1901
- Payne v. IrvinIllinois Supreme Court · 1893
- Rosenbaum v. ShoffnerTennessee Supreme Court · 1897
- Peoples' Bank v. MorgolofskiCourt of Appeals of Maryland · 1892
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