Chicago Edison Co. v. Huyett & Smith Manufacturing Co.
Appellate Court of Illinois
Assumpsit, for work and materials. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tdthill, Judge, presiding. Heard in this court at the March term, 1896.
1Opinion of the CourtJustice Waterman
The question in this ease is, upon whom, of two equally innocent parties shall a loss by fire fall.
This must be determined by an ascertainment of whose property it was that the fire destroyed. Where property is without fault destroyed by fire, the loss falls upon the owner. Wells v. Calnan, 107 Mass. 514.
Neither of the parties to the contract under consideration owned the building into which the ventilating apparatus was to be put. Appellant had merely a contract to place a certain plant in the building, and sub-let to appellee the making and installing of ventilating machinery.
The articles…
2Cases cited12 opinions
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Schwartz v. SaundersIllinois Supreme Court · 1867
- Bacon v. CobbIllinois Supreme Court · 1867
- Cook v. McCabeWisconsin Supreme Court · 1881
- Cleary v. SohierMassachusetts Supreme Judicial Court · 1876
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