Haggerty v. Potter
Appellate Court of Illinois
Action on the case for assault.. Appeal from the Circuit Court of Cook County; the Hon. Charles A. Bishop, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1902.
1Opinion of the CourtJustice Stein
That a corporation as such is capable of committing an assault and battery and is liable for it has been often held by our Supreme Court, and is not questioned by appellee’s counsel. And it is quite true—as contended by him—that before a corporation can be held for an assault it must first be shown that it owed some duty to the assaulted person, and facts must be proven out of which the duty arises. So also it must appear that the person committing the assault was acting under the authority of the corporation. But these are all mere evidentiary facts which, while they need not be averred,…
2Cases cited3 opinions
- Illinois Central Railroad v. ReedyIllinois Supreme Court · 1856
- Churchill v. Chicago & Alton RailroadIllinois Supreme Court · 1873
- Chenowith v. LockardIllinois Supreme Court · 1857
3Cited by2 opinions
- Retsloff v. SmithCalifornia Court of Appeal · 1926
- Sievert v. Illinois Furniture Co.Appellate Court of Illinois · 1913