Legal Opinion

City of Chicago v. Chicago League Ball Club

Appellate Court of Illinois

Decided November 1, 1901Published

Assumpsit, for use and occupation. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900.

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of-the court.

This is an appeal from a judgment rendered against the City of Chicago, for the use and occupation of appellee’s ball park by the militia of the State, under direction of the mayor, and for damages alleged to have been thereby sustained.

When the cause was here before (Chicago League Ball Club v. City of Chicago, 77 Ill. App. 124), we said :

“The existence of an emergency, such as to justify the temporary occupation of the premises in controversy, is to be determined from the evidence. If such emergency existed appellant is…

2Cases cited4 opinions

  1. Bishop v. BusseIllinois Supreme Court · 1873
  2. Wood v. PriceIllinois Supreme Court · 1868
  3. Casey v. VandeventerAppellate Court of Illinois · 1898
  4. Chicago League Ball Club v. City of ChicagoAppellate Court of Illinois · 1898

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