Scammon v. City of Chicago
Illinois Supreme Court
This was an action on the case, brought by the city against the plaintiffs in error, to recover from them an amount of damages, covered by a judgment against the city in favor of one Ormsby. The declaration contained four counts. First count alleged in substance, that plaintiff (defendant in error) under its charter had exclusive power over the streets of the city, and was, by law, bound to prevent the obstruction of them.
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This was an action on the case, brought by the city against the plaintiffs in error, to recover from them an amount of damages, covered by a judgment against the city in favor of one Ormsby. The declaration contained four counts. First count alleged in substance, that plaintiff (defendant in error) under its charter had exclusive power over the streets of the city, and was, by law, bound to prevent the obstruction of them. That plaintiffs in error owned the premises at south-east corner of Lake and Clark streets, common highways in said city, and on the 15th day of September, 1859, wrongfully…
1Opinion of the CourtWalker, J.
It is urged that the contractors and not the owners of the property, are liable for the damages sustained by Ormsby. And that inasmuch as it was not a necessary incident to the improvement, but was produced by the mode in which the work was performed, the appellants discharged their whole duty when they employed competent, skillful and prudent contractors, and can by no means be held liable for any neglect or default of theirs, whilst engaged upon the building or sidewalk. It seems to be conceded that the city was primarily liable, as the law has imposed the duty upon that body to keep the…
2Cases cited3 opinions
- Chicago, St. Paul & Fond du Lac Railroad v. McCarthyIllinois Supreme Court · 1858
- Lesher v. Wabash Navigation Co.Illinois Supreme Court · 1852
- Hinde v. Wabash Navigation Co.Illinois Supreme Court · 1853
3Cited by45 opinions
- John Griffiths & Son Co. v. National Fireproofing Co.Illinois Supreme Court · 1923
- Kennerly v. Shell Oil Co.Illinois Supreme Court · 1958
- City of Logansport v. DickIndiana Supreme Court · 1880
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
- Bibb's Adm'r v. N. & W. R. R.Supreme Court of Virginia · 1891
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