Kepperly v. Ramsden
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. John W. Cochran, Judge, presiding. This suit was originally brought against defendant, Kepperly, and four other persons, contractors and sub-contractors on defendant’s building, to recover damages sustained by plaintiff in consequence of falling into an excavation in the sidewalk made with a view to construct coal vaults for the use of the adjoining building.
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Appeal from the Circuit Court of Peoria county; the Hon. John W. Cochran, Judge, presiding. This suit was originally brought against defendant, Kepperly, and four other persons, contractors and sub-contractors on defendant’s building, to recover damages sustained by plaintiff in consequence of falling into an excavation in the sidewalk made with a view to construct coal vaults for the use of the adjoining building. On the 27th day of July, 1874, plaintiff was passing in front of the building, leaning on the arm of her sister, when she stepped on the edge of the excavation, which gave way, and…
1Opinion of the CourtJustice Scott
The damages found for plaintiff are excessive, and out of all proportion to any injury sustained. Principally, she complains her health has been impaired by “falling of the womb,” which she alleges was caused by falling into an excavation in front of defendant’s building. LTo other serious permanent injury is proven. It is a singular fact, in the original declaration, the only specific injury alleged was to plaintiff’s leg. The infirmity which now so seriously affects her, was not mentioned among the injuries sustained, nor did she or her attending physician, in their testimony on the first…
2Cases cited3 opinions
- Chicago, Burlington & Quincy Railroad v. GregoryIllinois Supreme Court · 1871
- St. Louis, Alton & Terre Haute R. R. v. ManlyIllinois Supreme Court · 1871
- Chicago & Rock Island Railroad v. McKeanIllinois Supreme Court · 1866
3Cited by21 opinions
- Weber v. Northern Illinois Gas Co.Appellate Court of Illinois · 1973
- Clements v. Louisiana Electric Light Co.Supreme Court of Louisiana · 1892
- Smith v. RutledgeIllinois Supreme Court · 1928
- Cary v. Sparkman & McLean Co.Washington Supreme Court · 1911
- Chicago, Burlington & Quincy Railroad v. LevyIllinois Supreme Court · 1895
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