Chicago Telephone Co. v. Hayes
Appellate Court of Illinois
Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook County; the Hon. John L. Healy, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. This suit was brought against appellant and the city of Chicago for negligence which it is alleged caused the death of appellee’s intestate.
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Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook County; the Hon. John L. Healy, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. This suit was brought against appellant and the city of Chicago for negligence which it is alleged caused the death of appellee’s intestate. The declaration set up that the defendants were possessed of and using certain telephone poles and wires in a public alley in the city of Chicago; that there were near said telephone poles and wires other poles and wires highly charged…
1Opinion of the Court
He. Presiding Judge Ball
delivered the opinion of the court.
The contention of appellant is, if it does not appear from the evidence that the fallen wire was owned or operated by it, the judgment of the court below must be reversed; while that of appellee is, that under the law appellant is liable for the death of Anderson whether the fallen wire was owned by the city or by the telephone company.
The preponderance of the evidence is that this fallen wire was owned by the city of Chicago. It was strung upon the top cross-arms of the telephone poles.
The franchises, rights and privileges of…
2Cases cited6 opinions
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
- Chicago & Grand Trunk Railway Co. v. HartIllinois Supreme Court · 1904
- Balsley v. St. Louis, Alton & Terre Haute RailroadIllinois Supreme Court · 1886
- Inhabitants of Rockport v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kelly v. PowersAppellate Court of Illinois · 1940
- J. F. Martin Cartage Co. v. Dempster Bros.Appellate Court of Illinois · 1941
- O'Donnell v. KavanaghAppellate Court of Illinois · 1910
- Haizen v. Yellow Cab Co.Appellate Court of Illinois · 1963