Banks v. City of Effingham
Appellate Court of Illinois
Trespass on the Case.—Death from negligence, etc. Error to the Circuit Court of Effingham County; the Hon. Silas Z. Landes, Judge, presiding. Heard in this court at the August term, 1895.
1Opinion of the CourtJustice Scofield
Plaintiff in error contends that the court below erred in sustaining a general demurrer to the six counts of the declaration in this case.
The first four counts are so clearly insufficient that they will receive no further attention in this opinion.
The fifth count alleges in substance that the city of Effingham, having lawful authority so to do, was engaged in constructing a ditch, or sewer, in one of its streets; that the ditch had perpendicular walls, and was made by digging down from the surface of the ground; that there was great danger óf injury to workmen from the caving in of the earth…
2Cases cited3 opinions
- Huddleston v. Lowell Machine ShopMassachusetts Supreme Judicial Court · 1871
- Johnson v. First National BankWisconsin Supreme Court · 1891
- Consolidated Ice Machine Co. v. KieferAppellate Court of Illinois · 1888
3Cited by1 opinion
- Supple v. AgnewIllinois Supreme Court · 1901