Legal Opinion

Chicago General Ry. Co. v. McNamara

Appellate Court of Illinois

Decided March 14, 1901PublishedCited by 2 opinions

Trespass on tile Case, for personal injuries. Error to the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Defendant in error ivas plaintiff and plaintiff in error defendant in the trial court. About September 3, 1898, plaintiff was employed by defendant to fire and wipe engines in defendant’s power house.

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Trespass on tile Case, for personal injuries. Error to the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Defendant in error ivas plaintiff and plaintiff in error defendant in the trial court. About September 3, 1898, plaintiff was employed by defendant to fire and wipe engines in defendant’s power house. There were two engines in the engine room of the power house, one about five or six feet south of the north wall of the room and the other a short distance south of that one. One of them was supported by a…

1Opinion of the Court

Mr. Presiding Justice Adams

delivered the opinion of the court.

The declaration contains two counts. The negligence alleged in the first is that the defendant carelessly and negligently provided an insufficient and unsafe floor, and carelessly and negligently kept the same in an unsafe condition. The negligence alleged in the second is the taking up of the floor north of the engines, and failing to inform, caution and warn plaintiff thereof. Counsel for plaintiff in error claim that there could only be a recovery under the second count, if at all. We regard this contention unimportant, but can…

2Cited by2 opinions

  1. Eckels v. CooperAppellate Court of Illinois · 1907
  2. Walsh v. City of ChicagoAppellate Court of Illinois · 1901

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