Legal Opinion · Dissent

Swift & Co. v. Rutkowski

Appellate Court of Illinois

Decided November 19, 1896Published

Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding.

1DissentJustice Shepard

Me. Justice Gaby.

I am not prepared to assent to, or dissent from, what Judge Waterman writes as to proximate cause. I do not feel quite certain whether it may be properly held, that if by reason of having too much work upon his hands, the appellee was in a place where he would not have been if he had had sufficient help, and thereby came in the way of the swinging beef, that in such case, the want of help may be said to be the cause of his injury. If the railway locomotive set a station house on fire, and the station house set a tavern on fire, it is the locomotive that burns the tavern. Chi.…

2Cases cited4 opinions

  1. United States Rolling Stock Co. v. WilderIllinois Supreme Court · 1886
  2. Chicago & Alton Railroad v. PennellIllinois Supreme Court · 1884
  3. McMahon v. SankeyAppellate Court of Illinois · 1890
  4. Hafner v. Herron ex rel. SchmidlapAppellate Court of Illinois · 1895

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