Belmont Garage Corp. v. J. W. Petersen Coal Co.

This is an action at law to recover for damage resulting from the alleged negligence of defendant in driving a loaded coal truck against a fire escape attached to plaintiff’s building and overhanging a public alley. There was a trial by the court without a jury and finding and judgment for $530 in favor of plaintiff. Motions for a new trial and arrest of judgment were overruled. Defendant appeals.

The material facts are substantially uncontroverted. Plaintiff owns a building at 3157 Broadway in the City of Chicago where it maintains a public garage. Immediately north of the building is a…