Legal Opinion

Commonwealth Electric Co. v. Melville

Illinois Supreme Court

Decided April 20, 1904PublishedCited by 26 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon." Bussell P. G-oodwin, Judge, presiding. This is an appeal from a judgment of the'Appellate Court for the First District affirming a judgment for $3500 rendered against appellant in the circuit court of Cook county as damages for a personal injury sustained by David Melville, the appellee.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon." Bussell P. G-oodwin, Judge, presiding. This is an appeal from a judgment of the'Appellate Court for the First District affirming a judgment for $3500 rendered against appellant in the circuit court of Cook county as damages for a personal injury sustained by David Melville, the appellee. The injury was caused by contact with an electric wire or cable belonging to the defendant, which had been placed underneath a wooden sidewalk on Ogden avenue, in the…

1Opinion of the CourtJustice Scott

It is urged that the declaration herein does not state a cause of action. This question arose in the circuit court upon a motion in arrest of judgment. Appellee, upon leave obtained in this court, has filed here a certified copy of the brief and argument of appellant which was filed in the Appellate Court. It appears therefrom that in that court the insufficiency of the declaration was not suggested, but it is said that where a declaration omits to aver a material fact essential to a valid cause of action, the judgment will be reversed although no question is made below. It is unnecessary to…

2Cases cited9 opinions

  1. Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
  2. McLaughlin v. Louisville Electric Light Co.Court of Appeals of Kentucky · 1896
  3. Perham v. Portland Electric Co.Oregon Supreme Court · 1898
  4. Heimann v. KinnareIllinois Supreme Court · 1901
  5. Hector v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1894

4 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Austin v. Public Service Co.Illinois Supreme Court · 1921
  2. Bourke v. Butte Electric & Power Co.Montana Supreme Court · 1905
  3. Clayton v. Enterprise Electric Co.Oregon Supreme Court · 1916
  4. Rowe v. Taylorville Electric Co.Illinois Supreme Court · 1904
  5. Ladow v. Oklahoma Gas & Elec. Co.Supreme Court of Oklahoma · 1911

21 more not listed; retrieve them via the Exa API.

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