Devine v. National Safe Deposit Co.
Illinois Supreme Court
Appeae from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Homer Abbott, Judge, presiding.
Read the full summary
Appeae from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Homer Abbott, Judge, presiding. This is an appeal by the National Safe Deposit Company from a judgment of the Appellate Court for the First District affirming a judgment for the sum of $6000 recovered by James Reddick, administrator of the estate of William Thomas Daly, deceased, against the appellant, in the superior court of Cook county, in an action on the case for damages on account of the death of said Daly, occasioned, as is claimed, by the negligence of…
1Opinion of the CourtJustice Scott
• There was no eye-witness to the accident. Appellant was guilty of negligence as charged. The evidence raises a presumption that Daly did not commit suicide. There was also proof from which the jury might infer that the deceased was in the exercise of due care for his personal safety at the time of the accident, unless, as contended by appellant, that inference is forbidden because Daly knew of the open and unguarded shaft and knew of the danger connected therewith. This conténtion of appellant cannot be sustained. It cannot be said, as a matter of law, that Daly was not in the exercise of…
2Cases cited4 opinions
- Palmer v. . DearingNew York Court of Appeals · 1883
- Hopkinson v. Knapp & Spalding Co.Supreme Court of Iowa · 1894
- Dewire v. BaileyMassachusetts Supreme Judicial Court · 1881
- City of Streator v. ChrismanIllinois Supreme Court · 1899
3Cited by8 opinions
- Hardware State Bank v. CotnerIllinois Supreme Court · 1973
- Mueller v. PhelpsIllinois Supreme Court · 1911
- Knass v. Madison & Kedzie State BankAppellate Court of Illinois · 1933
- Rohr v. CluverAppellate Court of Illinois · 1959
- Domando v. Parker-Washington Co.Appellate Court of Illinois · 1911
3 more not listed; retrieve them via the Exa API.