Western Wheel Works v. Stachnick
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Theodore Brent ano, Judge presiding.
1Opinion of the CourtJustice Ball
The first proposition before us is as to the sufficiency of the declaration after verdict. If that be decided against appellee it will not be necessary to look further into the record.
It will be noticed th&t this declaration does not allege that appellee, at the time he was injured, was in the employ of appellant. It goes no further than to aver that appellee then was “ rightfully working and being around and about said elevator and said elevator shaft.”
Whether upon the facts stated in the declaration the appellant owed a duty to the appellee, is a question of law. Gibson v. Leonard, 37 Ill.…
2Cases cited14 opinions
- Chicago & Eastern Illinois Railroad v. HinesIllinois Supreme Court · 1890
- Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
- Taylor v. FelsingIllinois Supreme Court · 1896
- Joliet Steel Co. v. ShieldsIllinois Supreme Court · 1890
- People ex rel. Weber v. City of Spring ValleyIllinois Supreme Court · 1889
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