Legal Opinion

Sheeler v. Fallon

Appellate Court of Illinois

Decided April 14, 1903Published

Trespass on the Case, for obstructing access to lot. Appeal from the Circuit Court of Cook County: the Hon. George W. Brown, Judge presiding. Heard in this court at the March term, 1902. This is an action by appellee to recover for alleged injury to his business, charged in the declaration to have been caused by obstructing* access to his blacksmith shop, on a public alley.

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Trespass on the Case, for obstructing access to lot. Appeal from the Circuit Court of Cook County: the Hon. George W. Brown, Judge presiding. Heard in this court at the March term, 1902. This is an action by appellee to recover for alleged injury to his business, charged in the declaration to have been caused by obstructing* access to his blacksmith shop, on a public alley. The - declaration sets up that appellant contracted to remove a church edifice standing on Michigan avenue, Chicago, to a location one hundred and fifty feet south; that the building as it stood extended back to the alley…

1Opinion of the CourtJustice Freeman

The declaration states that' appellee’s blacksmith shop was located in the alley, and it is suggested by appellant’s attorney that if this statement is correct, the shop was there unlawfully. It is impossible to determine from appellee’s testimony exactly where his shop was located. It was between Twenty-third and Twenty-fourth streets, and “ fronted east on Wabash avenue.” Appellee states, as the record has it, that the front of the shop was about 100 feet south “ from the west side of the alley,” the alley itself running north and south. This testimony is too unintelligible in that respect…

2Cases cited3 opinions

  1. Kirk v. SenzigAppellate Court of Illinois · 1898
  2. Brewer & Hoffmann Brewing Co. v. HermannAppellate Court of Illinois · 1900
  3. Illinois Steel Co. v. OstrowskiAppellate Court of Illinois · 1901

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