Cribben v. Callaghan
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard 'in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G-. Windes, Judge, presiding. This is an action on the case, brought by Frank Callaghan, against Cribben, Sexton & Co., stove manufacturers, to recover damages resulting from an injury caused by the falling of the roof of a ladle oven attached to and forming a part of the factory of appellants.
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Appeal from the Appellate Court for the First District;—heard 'in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G-. Windes, Judge, presiding. This is an action on the case, brought by Frank Callaghan, against Cribben, Sexton & Co., stove manufacturers, to recover damages resulting from an injury caused by the falling of the roof of a ladle oven attached to and forming a part of the factory of appellants. On the 22d day of July, 1891, appellee entered the ladle oven, and while therein the roof of the oven fell in, partially, and a quantity of heated sand which was…
1Opinion of the CourtJustice Magruder
First—It is contended by appellants, that they were guilty of no negligence. This is a question of fact, which is settled by the judgment of the Appellate Court, and we are precluded from any consideration of it. By no motion made, or instruction asked, by the defendant below is the point raised, that the evidence does not tend to show a cause of action.
Second—It is claimed, that the trial court erred in refusing to sustain the motion in arrest of the judgment. The first ground, upon which it is claimed that the motion in arrest should have been sustained, is that the declaration avers it to…
2Cases cited8 opinions
- Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
- Libby, McNeill & Libby v. SchermanIllinois Supreme Court · 1893
- Smith v. Peninsular Car WorksMichigan Supreme Court · 1886
- Joliet Steel Co. v. ShieldsIllinois Supreme Court · 1890
- Gebbie v. MooneyIllinois Supreme Court · 1887
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3Cited by20 opinions
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- Bennett v. Chicago City Railway Co.Illinois Supreme Court · 1909
- Chicago & Alton Railroad v. SwanIllinois Supreme Court · 1898
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