Lumaghi v. Gardin
Appellate Court of Illinois
Memorandum.—Action for damages. Death from negligent act. Appeal from the Circuit Court of Madison County; the Hon. Alonzo S. Wilderman, Judge, presiding. Heard in this court at the February term, 1894.
1Opinion of the CourtJustice Scofield
This was an action to recover damages for the death of a child, between two and three years of age, caused, as appellee alleged and sought to prove, by the negligence of appellant in leaving a pool of boiling water exposed during a period of two or three months at a point dangerously near a public highway. The pool was formed by a leak in an underground pipe connecting the escapement shaft with the engine house of a certain coal mine, operated by appellant. The declaration alleged that the accident occurred without negligence on the part of the boy, Marius Gardin, or of his parents.
The…
2Cases cited7 opinions
- Wabash Western Railway Co. v. FriedmanIllinois Supreme Court · 1892
- Taylor v. BeckIllinois Supreme Court · 1851
- Moshier v. Kitchell & ArnoldIllinois Supreme Court · 1877
- Estep v. FentonIllinois Supreme Court · 1873
- Austine v. PeopleIllinois Supreme Court · 1884
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3Cited by2 opinions
- Martensen v. ArnoldAppellate Court of Illinois · 1898
- Chicago Terminal Transfer R. R. Co. v. SchmellingAppellate Court of Illinois · 1902