Legal Opinion

Pauckner v. Wakem

Illinois Supreme Court

Decided December 27, 1907PublishedCited by 110 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. On May 31, 1902, appellants were co-partners carrying on a general warehouse business in the city of Chicago.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. On May 31, 1902, appellants were co-partners carrying on a general warehouse business in the city of Chicago. On said day the Chicago Tribune Company had certain pieces of machinery stored in' the appellants’ warehouse, and sent appellee and another of their employees to the warehouse to secure the particular pieces of machinery required. The machinery was enclosed in boxes, and when appellee reached appéllants’…

1Opinion of the CourtJustice Vickers

If appellee was a mere licensee and went upon appellants’ premises for purposes of his own and not for any purpose connected with the business of appellants he cannot recover without proof that appellants knowingly and willfully injured him. The owner of premises owes no duty to exercise ordinary care to keep his premises in a reasonably safe condition to persons who-may be upon such premises as mere licensees. (3 Elliott on Railroads, sec. 1250; Gibson v. Leonard, 143 Ill. 182; Illinois Central Railroad Co. v. Hopkins, 200 id. 122.) If, as appellants contend, appellee was a mere licensee at…

2Cases cited3 opinions

  1. Plummer v. DillMassachusetts Supreme Judicial Court · 1892
  2. Gibson v. LeonardIllinois Supreme Court · 1892
  3. Kennedy v. ChaseCalifornia Supreme Court · 1898

3Cited by110 opinions

  1. Glaser v. RothschildSupreme Court of Missouri · 1909
  2. Geraghty v. Burr Oak Lanes, Inc.Illinois Supreme Court · 1955
  3. Kulka v. NemirovskySupreme Court of Pennsylvania · 1934
  4. Purtell v. Philadelphia & Reading Coal & Iron Co.Illinois Supreme Court · 1912
  5. Vetter v. Great Atlantic & Pacific Tea Co.Supreme Court of Pennsylvania · 1935

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