author: Mr. Presiding Justice McDonald

text:
    W. H. Finney, appellee, v. Anton J. Cermak and Sewell-Clapp Envelopes, appellants.
    Gen. No. 23,721.
    Trial of right to property. Judgment for plaintiff and against defendant Cermak, who was bailiff of the Municipal Court, individudefendant Cermak, who was bailiff of the Municipal Court, individuCourt of Chicago; the Hon. John Richardson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed and remanded.
    Opinion filed October 15, 1918.
    Meyer Shapiro, for appellants.
    Shepard, McCormick, Thomason, Kirkland & Patterson, for appellee.
   Mr. Presiding Justice McDonald

delivered the opinion of the court.


source: Caselaw Access Project

license: Public Domain

text:
    Olivia Led, appellee, v. Boyle Ice Company, appellant.
    Gen, No. 23,746.
    Action to recover for personal injuries caused by the fall of a cake of ice on plaintiff’s foot. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Hugh R. Stewart, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    MacChesney, Becker, Angerstein & Rollo, for appellant; Nathan William MacChesney, Thomas C. Angerstein, Robert P. Rollo and George W. Angerstein, of counsel.
    Adams, Crews, Bobb & Weseott, for appellee.
   Mr. Presiding Justice McDonald

delivered the opinion of the court.


text:
    Elaborated Ready Roofing Company, appellee, v. United States Brewing Company of Chicago, appellant.
    Gen. No. 23,788.
    Action to recover for loss of horse caused by collision with motor truck. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    P. J. Canty and J. C. M. Clow, for appellant.
    Shelley B. Neltnor, for appellee; Einar C. Howard, of counsel.
   Mr. Presiding Justice McDonald

delivered the opinion of the court.


text:
    Libbie Spiner, appellee, v. Anton J. Cermak, bailiff of Municipal Court of Chicago, appellant.
    Gen. No. 23,841.
    Replevin to recover property taken under execution. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Edward M. Mangan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    John W. Morsbaeh and Arthur E. Nelson, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice McDonald

delivered the opinion of the court.


text:
    Genevieve Klaner, appellee, v. George Klaner, appellant.
    Gen. No. 23,857.
    Supplemental order modifying divorce decree as to custody of children. Appeal from the Circuit Court of Cook county; the Hon. Charles M. Thomson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Robert M. Davidson, for appellant.
    Hes, O’Connor, Eberhardt & Kesler, for appellee; A. M. Eberhardt, of counsel.
   Mr. Presiding Justice McDonald

delivered the opinion of the court.


text:
    Louise J. Davenport, appellant, v. John L. Davenport et al., appellees.
    Gen. No. 23,865.
    Bill to set aside a conveyance on ground of mental incapacity and undue influence. Decree for defendant. Appeal from the Superior Court of Cook county; the Hon. Charles M. Eoell, Judge, presiding. Heard in the Brand) Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    W. D. Wollesen, for appellant; George T. Crossland, of counsel.
    Fred and Aleck L. Bernstein, for appellees; Philip D. Hoffman, of counsel.
   Mr. Presiding Justice McDonald

delivered the opinion of the court.


text:
    Elgin, Joliet & Eastern Railway Company, appellee, v. J. W. Cook and G. P. Triandafil, trading as Cook Engineering & Construction Company. G. P. Triandafil, appellant.
    Gen. No. 23,877.
    Action to recover demurrage charges. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Alfred Roy Hulbert, for appellant.
    Knapp & Campbell, for appellee; Denis H. Grady, of counsel.
   Mr. Presiding Justice McDonald

delivered the opinion of the court.


text:
    George Outman, appellee, v. Frank Parmelee Transfer Company, appellant.
    Gen. No. 23,901.
    Action to recover for damage to automobile in eoRision with defendant’s wagon. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard Hayes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Homer K. Galpin and Samuel G. Hamblen, for appellant.
    Cleland, Lee & Phelps, for appellee.
   Mr. Presiding Justice McDonald

delivered the opinion of the court.


text:
    Libby, McNeill & Libby, appellee, v. Grand Trunk Western Railway Company, appellant.
    Gen. No. 23,917.
    Action to recover for damage to a shipment of meats. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Rufus F. Robinson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed and remanded.
    Opinion filed October 15, 1918.
    L. L. Smith, for appellant.
    Baker & Holder, for appellee.
   Mr. Presiding Justice McDonald

delivered the opinion of the court.


text:
    West Disinfecting Company, appellee, v. Harold I. Koppelman et al., on appeal of Harold I. Koppelman, appellant.
    Gen. No. 24,349.
    Order overruling motion to dissolve temporary injunction restraining lawsuit and other acts by former employee involving breach of trust. Appeal from the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1918.
    Affirmed.
    Opinion filed October 15, 1918.
    Behearing denied October 25, 1918.
    West & Eekhart, Leo Koretz and Samuel J. Riehman, for appellant; John A. Irrmann, of counsel.
    Rosenthal, Hamill & Wormser, for appellee; Leo F. Wormser, of counsel.
   Mr. Presiding Justice McDonald

delivered the opinion of the court.


author: Mr. Justice Barnes

text:
    George J. Cooke Company, appellee, v. Corn Products Refining Company, appellant.
    Gen. No. 23,303.
    Action to recover for breach of warranty as to merchantability and fitness for purpose of commodity used in manufacture of beer. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed and remanded.
    Opinion filed October 15, 1918.
    Behearing denied October 25, 1918.
    Mayer, Meyer, Austrian & Platt and James M. Sheean, for appellant; James M. Sheean and Alfred S. Austrian, of counsel.
    P. C. Haley and Robert J. Folonie, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Chicago Record Herald Company, appellee, v. Henry Kadin & Company, appellant.
    Gen. No. 23,678.
    Action to recover for advertising. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Harry P. Dolan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed with finding of fact.
    Opinion filed October 15, 1918.
    Clarence W. Shaeffer, for appellant.
    Leon A. Berezniak, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Adam Andrzejewski and John Klonowski, administrators of the estate of Kate Andrzejewski, deceased, appellees, v. Chicago Railways Company et al., on appeal of Chicago Railways Company, appellant.
    Gen. No. 23,808.
    Action to recover for death of child caused by a collision between the car of one defendant and the truck of the other. Judgment for plaintiffs. Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed on remittitur; otherwise reversed and remanded.
    Opinion filed October 15, 1918.
    Joseph D. Ryan and Charles Le Boy Brown, for appellant; John R. Guilliams, of counsel.
    David K. Tone, for appellees.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Adam Andrzejewski et al., administrators, appellees, v. Star Motor Delivery Company et al., on appeal of Star Motor Delivery Company, appellant.
    Gen. No. 23,683.
    Action to recover for the death of a child caused by a collision between the ear of one defendant and the truck of the other. Judgment for plaintiffs. Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed on remittitur; otherwise reversed and remanded.
    Opinion filed October 15, 1918.
    Zimmerman, Garrett & Rundall, for appellant.
    David K. Tone, for appellees.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    The D. Hill Nursery Company, Inc., appellee, v. Oscar Metz, appellant.
    Gen. No. 23,690.
    Action to recover purchase price of plants. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    A. L. Williams, for appellant.
    Hoyne, O ’Connor & Irwin, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    West Englewood Construction & Supply Company, appellee, v. Jacob G. Levinson, appellant.
    Gen. No. 23,717.
    Action to recover contract price for construction of a sidewalk. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Rehearing denied October 25, 1918.
    Levinson & Salem, for appellant; Robert D. Meliek, of counsel.
    Osear E. Leinen, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Frances Barrows, appellee, v. City of Chicago, appellant.
    Gen. No. 23,736.
    Action to recover for personal injuries caused by a defective highway. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    S. A. Ettelson and R. H. Farrell, for appellant.
    Adams, Crews, Bobb & Weseott and E. C. Tourje, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    John S. Hart, appellee, v. Elizabeth I. Oliver, appellant.
    Gen. No. 23,770.
    Creditor’s bill to set aside conveyance as fraudulent. Decree for complainant. Appeal from the Superior Court of Cook county; the Hon. Denis E: Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.

      Ossian Cameron and S. C. Irving, for appellant.
    Fred H. Atwood, Charles O. Louclts and Vernon R. Loueks, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Joseph Farias, appellee, v. Herman Schuettler et al., appellants.
    Gen. No. 23,793.
    Bill to restrain police from interfering with complainant’s hotel business. Decree for complainant. Appeal from the Superior Court of Cook county; the Hon. William Fenimore Cooper, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed and remanded.
    Opinion filed October 15, 1918.
    Samuel A. Ettelson, for appellants; Chester E. Cleveland and Frank D. Ayers, of counsel.
    Stein, Mayer &■ Stein, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    W. A. Case & Son Manufacturing Company, appellee, v. C. Erwin Norman, trading as C. Erwin Norman & Company, et al., appellants.
    Gen. No. 23,856.
    Action to, recover on note. Judgment for plaintiff. Appeal from the County Court of Cook county; the Hon. J. J. Cooke, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Cleland, Lee & Phelps, for appellants; Lester E. Lee, of counsel.
    Hoyne, O’Connor & Irwin, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Columbian Bank Note Company, appellee, v. Robert J. Kerr, appellant.
    Gen. No. 23,862.
    Action to recover on contract for engraving stock certificates. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John K. Prindiville, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Kerr & Kerr, for appellant.
    Joseph M. Griffen, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Riley Cut Stone Company, appellee, v. Cecil E. Bryan, appellant.
    Gen. No. 23,874.
    Action on notes against indorser. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Archibald Cattell, for appellant; Carl A. Waldron, of counsel.
    Huttmann, Cloyes & Carr, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Sabath & Weisskopf Company, appellee, v. Mrs. S. M. Goldstine, appellant.
    Gen. No. 23,899.
    Action to recover purchase price of whisky and money loaned. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed and remanded.
    Opinion filed October 15, 1918.
    Behearing denied October 25, 1918.
    George S. Lavin, for appellant; Morris K. Levinson, of counsel
    Sabath, Stafford & Sabath, for appellee; Charles B. Stafford, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Weyauwego Milling Company, appellee, v. G. W. Cramer, appellant.
    Gen. No. 23,911.
    Action to recover for breach of contract for the purchase of flour. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Sheridan E. Ery, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Behearing denied October 25, 1918.
    Huttmann, Cloyes & Carr, for appellant.
    Bassler, Bippus & Bose, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Matehett

text:
    Washington J. Woodworth, appellee, v. Charles R. Bauerdorf, appellant.
    Gen. No. 23,602.
    Intervention in garnishment proceedings by alleged assignee of accounts owed principal defendant by garnishees. Judgment for plaintiff. Appeal by intervener from the Municipal Court of Chicago; the Hon. John Bichardson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Culver, Andrews, King & Stitt, for appellant.
    Edward L. England, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Peter Holleman et al., trading as Holleman & DeWeerd Brothers, appellants, v. W. R. Hanes, appellee.
    Gen, No. 23,619.
    Beplevin to recover possession of an automobile alleged to have been purchased by defendant from plaintiffs’ agent who disposed of it under circumstances constituting larceny. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Behearing denied November 13, 1918.
    Louis T. Herman and Charles J. Monahan, for appellants; George F. Ort, of counsel.
    Carnahan, Elsdon & Slusser, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Edward Abbott Beard, by Henry Beard, appellee, v. Mary R. Prescott et al., appellants.
    Gen. No. 23,646.
    Bill to construe a will. Decree that complainant, who was born after testator’s death, was entitled to share in annual net income. Appeal from the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Seymour Edgerton and Thomas W. Prindeville, for appellants.
    Holt, Cutting & Sidley, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Arizona Fire Insurance Company, appellant, v. Alexander Smullan, trading as Alexander Smullan & Company, appellee.
    Gen. No. 23,687.
    Action to recover premiums collected by defendant as agent. Judgment for defendant on set-off for unjustifiable revocation of contract. Appeal from the Municipal Court of Chicago; the Hon. Charles N. Goodnow, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Rehearing denied October 25, 1918.
    William McKinley, Luther F. Binkley and Levi Davis, for appellant.
    Paden & Kropf, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Alfred H. Smith, appellee, v. Frankfort General Insurance Company, appellant.
    Gen. No. 23,723.
    Action against indorser of note. Judgment for plaintiff on issue of waiver, of presentment. Appeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed with finding of facts.
    Opinion filed October 15, 1918.
    Bulkley, More & Tallmadge, for appellant.
    Erie Winters, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    William R. Mumford et al., appellants, v. Thomas Donaldson, appellee.
    Gen. No. 23,733.
    Action - to recover balance due on purchases on Board of Trade. Judgment for defendant on defense of gambling character of transaction. Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed and remanded.
    Opinion filed October 15, 1918.
    Richard H. Peterson, for appellants.
    Richard J. Cooney and John A. Verhoeven, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Flora Taylor, appellee, v. Hugh E. Whitney, appellant.
    Gen. No. 23,739.
    Action to recover commission on sale of realty. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed and remanded.
    Opinion filed October 15, 1918.
    Reuel H. Grünewald, for appellant.
    No appearance for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    James S. Knight, appellee, v. J. Cohen, appellant.
    Gen. No. 23,750.
    Judgment for rent on directed verdict following opening of judgment by confession under power in the lease. Appeal from the Municipal Court of Chicago; the Hon. Charles N. Goodnow, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Paul F. Compart, for appellant; Robert D. Meliek, of counsel.
    William G. Wise, for appellee.
   Mr. Justice Matehett

délivered the opinion of the court.


text:
    Annie Hagerty, appellee, v. Patrick Hagerty, appellant.
    Gen. No. 23,783.
    Commitment for nonpayment of temporary alimony. Appeal from the Circuit Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Wiley & Mack, for appellant; William R. Wiley, of counsel.
    James E. McGrath, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Fannie Loftus, administratrix of the estate of Michael Loftus, deceased, appellee, v. Chicago Railways Company, appellant.
    Gen. No. 23,790.
    Action to recover for death of pedestrian struck by street ear at street intersection. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Rehearing denied Hovember 21, 1918.
    P. L. MeArdle and Charles Le Roy Brown, for appellant; John R. Guilliams, of counsel.
    Daniel L. Madden and R. C. Merrick, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Reid Murdoch & Company, appellee, v. S. E. Taylor and H. Kabaker, appellants.
    Gen. No. 23,799.
    Action to recover on a guaranty of an account. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John R. Caverly, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Levin & Krinsky, for appellant H. Kabaker; Harry H. Krinsky, of counsel.
    H. G. Colson, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Chicago Waste Company, appellant, v. Charles T. Weinshenker, trading as Comfort Bedding Company, appellee.
    Gen. No. 23,805.
    Action to recover balance due for goods sold and delivered. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed with judgment here.
    Opinion filed October 15, 1918.
    Hoyne, O’Connor & Irwin, for appellant.
    No appearance for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Wilmer T. Culver, trustee of estate of Ludington Manufacturing Company, bankrupt, appellant, v. Aetna State Bank and Charles B. Little, appellees.
    Gen. No. 23,823.
    Bill to set aside transfers of property as fraudulent as to creditors. Decree for defendants. Appeal from the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.

      Opinion filed October 15, 1918.
    Rehearing denied October 25, 1918.
    Charles H. Leech and Samuel B. Hill, for appellant.
    William Annan Taylor, for appellee Aetna State Bank. L. A. Stebbins and Burton P. Sears, for appellee Charles B. Little.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    T. B. Wood, appellant, v. F. Johnson & Company, appellee.
    Gen. No. 23,859.
    Decree granting in part injunction prayed in complainant’s bill. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed and remanded, certificate of evidence having been stricken and decree containing no statement of facts, and appellee also assigning cross errors seeking reversal.
    Opinion filed October 15, 1918.
    Kwasigroch & Pederson, for appellant.
    J. S. Dudley, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    James Peterson, appellee, v. Iris Theatre Company, appellant.
    Gen. No. 23,871.
    Action on notes. Judgment for plaintiff in absence of defendant and his witnesses on denial of continuance after amendment of statement of claim. Appeal from the Municipal Court of Chicago; the Hon. Rufus P. Robinson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 15, 1918.
    Claude R. Church and Wallace E. Shirra, for 'appellant.
    No appearance for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Ida Ross, appellee, v. Chicago Railways Company, appellant.
    Gen. No. 23,908.
    Action to recover for personal injuries sustained in a collision between a street-car and an automobile in which plaintiff was riding. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Charles H. Bowles, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed and remanded.
    Opinion filed October 15, 1918.
    T. J. Symmes and Watson J. Ferry, for appellant; W. W. Gurley and J. R. Guilliams, of counsel.
    George E. Gorman and John E. Crahen, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


author: Mr. Justice Matchett

text:
    Charles H. Johnson, appellee, v. Chicago Railways Company, appellant.
    Gen. No. 23,927.
    Action to recover for injuries sustained by a motorcycle driver struck by car on passing around rear of standing car on direction of employees in charge of latter. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed with finding of fact.
    Opinion filed October 15, 1918.
    Rehearing denied November 14, 1918.
    Frank L. Kriete and William H. Symmes, for appellant; John R. Guilliams and Charles L. Mahoney, of counsel.
    Frederick Arnd, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


author: Mr. Presiding Justice O’Connor

text:
    Mary Hogan, by Anastasia Hogan, appellee, v. Charles H. Boyer, appellant.
    Gen. No. 23,719.
    Action to recover for personal injuries to a child struck by an automobile while crossing a street. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 16, 1918.
    John A. Bloomingston, for appellant.
    Quin O’Brien and William B. O’Brien, for appellee.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    G. W. Gale, appellee, v. M. L. Munday and R. W. Scott, trading as Munday & Scott, appellants.
    Gen. No. 23,842.
    Action for fraud in a transaction involving the sale of realty. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Benjamin W. Pope, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 16, 1918.
    Horthup, Burnham, Fairbank & Klein, for appellants.
    Bull, Lytton & Olson, for appellee.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    Citizens German National Bank of Hammond, Indiana, appellee, v. A. Bauer Distilling and Importing Company, appellant.
    Gen. No. 23,866.
    Action on notes. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 16, 1918.
    Rehearing denied October 28, 1918.
    James R. Ward, for appellant.
    William B. Jarvis, for appellee.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice Taylor

text:
    Alfonso Dubossi, appellant, v. Giovanni Aeillo and Anton J. Cermak, bailiff of Municipal Court, appellees.
    Gen. No. 23,740.
    Trial of right to property. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Harry P. Dolan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed and remanded.
    Opinion filed October 16, 1918.
    Reuel H. Grünewald, for appellant.
    Francis Borrelli, for appellees.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Mattie Bloom, appellee, v. The Rudolph Wurlitzer Company, appellant.
    Gen. No. 23,863.
    Replevin to recover piano taken by defendant under chattel mortgage. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joseph P. Rafferty, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 16, 1918.
    Robert J. Devine, for appellant.
    Shulman & Shulman and Meyer Abrams, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


author: Mir. Justice Taylor

text:
    B. Petchaft, appellee, v. Halperin Brothers Company, appellant.
    Gen. No. 23,875.
    Action on note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 16, 1918.
    Adams, Crews, Bobb & Weseott, for appellant.
    Levisohn & Levisohn, for appellee; Israel Cowen, of counsel.
   Mir. Justice Taylor

delivered the opinion of the court.


text:
    Mary Laski, appellee, v. National Council of Knights and Ladies of Security, appellant.
    Gen. No. 23,884.
    Action on fraternal insurance policy. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joseph P. Rafferty, Judge, presiding. Heard in the Branch Appellate Court at the „ October term, 1917.
    Affirmed.
    Opinion filed October 16, 1918.
    /Thomson, J., specially concurring.
    A. W. Fulton, for appellant.
    Harold O. Mulks and J. Leonard Brill, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


author: Mr. Justice Thomson

text:
    May E. Phelan, executrix of the estate of Edward P. Phelan, deceased, appellee, v. Chicago Railways Company, appellant.
    Gen. No. 23,792.
    Action to recover for death of member of fire department caused by street ear striking fire truck on which he was riding. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. William Fenimore Cooper, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed and remanded.
    Opinion filed October 16, 1918.
    John E. Kehoe and Charles Le Roy Brown, for appellant; John R. Guilliams, of counsel.
    Trainor & Trainor, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    H. D. Kennedy for use of W. A. Seaman, appellee, v. Searle S. Barnett and Paul P. Barnett, appellants.
    Gen. No. 23,815.
    Action to recover commission on exchange of land. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 16, 1918.
    Rehearing denied October 28, 1918.
    Otto F. Ring and Jones & Kerner, for appellants.
    Charles D. McGrath, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Henry P. Reger, appellee, v. John J. O’Shea, appellant.
    Gen. No. 23,860.
    Bill for an accounting and to subject pledged stock to the payment of an indebtedness. Decree for complainant. Appeal from the Circuit Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 16, 1918.
    J. S. Dudley, for appellant.
    Charles Hudson, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Helen Hooper, administratrix of the estate of Montgomery C. Hooper, deceased, appellee, v. Adams Express Company, appellant.
    Gen. No. 23,891.
    Action to recover for death of pedestrian struck by wagon at street intersection. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Lockwood Honoré, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 16, 1918.
    Rehearing denied October 25, 1918.
    Sabath, Stafford & Sabath, for appellant; Charles B. Stafford and Thomas M. Zasadil, of counsel.
    Litsinger, Healy & Reid, for appellee; James J. Finn, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Mathilda A. Ford, appellee, v. Frank J. Ford et al. Frank J. Ford, appellant.
    Gen. No. 23,756.
    Decree setting aside redemption made by defendant from a sale on foreclosure under a trust deed executed by complainant and her husband. Appeal from the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed October 28, 1918.
    Beach & Beach, for appellant.
    Silber, Isaacs, Silber & Woley, for appellee; Oscar A. Kropf and Clarence J. Silber, of counsel.
   Mr. Presiding Justice McDonald

delivered the opinion of the court.


text:
    M. A. Scholbe, appellant, v. Max Schuchardt et al., appellees.
    Gen. No. 23,786.
    Action on note. Judgment for defendants. Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Reversed and judgment here for $2,125 and costs.
    Opinion filed October 31, 1918.
    Charles F. McKinley, for appellant.
    Charles E. Selleek, for appellees.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Jonah Pullman and M. M. Kalikow, trading as Pullman & Kalikow, defendants in error, v. Elias Hackner and Kolman Hackner, trading as Hackner Brothers, plaintiffs in error.
    Gen. No. 23,939.
    Action to recover purchase price of goods sold. Judgment for plaintiffs. Error to the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1918.
    Affirmed.
    Opinion filed November 6, 1918.
    Bernard J. Brown, for plaintiffs in error.
    Baker & Holder, for defendants in error.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    Phyllis Drueen and Fort Dearborn Trust & Savings Bank, administrator of the estate of Robert W. Sunasack, Jr., deceased, plaintiffs in error, v. Winifred Sunasack, administratrix of the estate of Robert W. Sunasack, Sr., deceased, et al., defendants in error.
    Gen. No. 24,002.
    Bill to have certain personalty in the hands of defendants declared property of complainant’s intestate. Decree for defendants. Error to the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1918.
    Affirmed.
    Opinion filed November 6, 1918.
    Rehearing denied November 22, 1918.
    William R. Brand, for plaintiffs in error.
    Jeffery, Campbell & Clark, for defendant in error I. Horween; Charles Y. Clark, of counsel.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    The Swedish Home Building Association, defendant in error, v. Isabella Patton et al., plaintiffs in error.
    Gen. No. 23,161.
    Bill to foreclose a mortgage. Decree for complainant. Error to the Circuit Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1918.
    Affirmed.
    Opinion filed November 6, 1918.
    John C. Wilson, for plaintiffs in error.
    John A. Brown and Alfred A. Norton, for defendant in error.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Margaret McFarlane, administratrix of the estate of Alice Emeline McFarlane, deceased, appellee, v. Chicago City Railway Company, appellant.
    Gen. No. 23,796.
    Action for death of passenger caused by fall in alighting from car. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed.
    Opinion filed November 6, 1918.
    Rehearing denied November 19, 1918.
    Busby, Weber & Miller, Franklin B. Hussey and Arthur J. Donovan, for appellant; John R. Guilliams, of counsel.
    Edward J. Green, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Catherine Day, appellee, v. D. T. Fletcher et al., on appeal of Black Diamond Oil Company, appellant.
    Gen. No. 24,509.
    Interlocutory appeal from an order of the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding, overruling a motion to set aside an order appointing a receiver. Heard in the Branch Appellate Court.
    Appeal dismissed.
    Opinion filed November 6, 1918.
    Brown, Brown & Brotvn, for appellant.
    L. A. Gilmore, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Louis Nehring, by Henry Otto, defendant in error, v. Minnie H. Nehring, Lucille Holmes and Oliver Smith, plaintiffs in error.
    Gen. No. 23,484.
    Bill to annul a marriage on the ground of insanity and to require payment to guardian of an insane ward, money alleged to have been obtained from him by conspiracy. Decree for complainant. Error to the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1918.
    Affirmed.
    Opinion filed November 6, 1918.
    John J. Byrne and Charles P. B. Macaulay, for plaintiffs in error.
    L. A. Gilmore, for defendant in error.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Mark Fallon, plaintiff in error, v. City of Chicago, defendant in error.
    Gen. No. 23,854.
    Action by a city employee to recover for personal injuries. Demurrer overruled to plea of statute of limitations to amended count and judgment entered for defendant on directed verdict. Error to the Superior Court of Cook county; the Hon. Mazzini Slusser, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1918.
    Beversed and remanded.
    Opinion filed November 6, 1918.
    Coburn & Bentley, for plaintiff in error.
    Samuel A. Ettelson and William H. Devenish, for defendant in error; Robert H. Farrell, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Walter E. von Bruch, defendant in error, v. Joseph Lanus, plaintiff in error.
    Gen. No. 23,955.
    Action to recover damages for fraud in the sale of an automobile. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Samuel H. Trude, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1918.
    Beversed with finding of fact.
    Opinion filed November 6, 1918.
    Behearing denied November 19, 1918.
    Walter P. Bauer, for plaintiff in error.
    Joel C. Carlson, for defendant in error.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Ludwic Ludra, plaintiff in error.
    Gen. No. 23,990.
    Conviction on charge of larceny. Error to the Municipal Court of Chicago; the Hon. John B. Newcomer, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Beversed and remanded.
    Opinion fied November 6, 1918.
    Thomas E. Swanson, for plaintiff in error.
    Maclay Hoyne and Edward E. Wilson, for defendant in error.
   Mr. Justice Thomson

delivered the opinion of the court.


author: Mr. Presiding Justice Dever

text:
    John F. Golden et al., appellees, v. John A. Cervenka et al., appellants.
    Gen. No. 24,225.
    Bill to enforce stockholders’ liability. Decree for complainants. Appeal from the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding. Heard in this court at the March term, 1918.
    Affirmed.
    Opinion filed November 11, 1918.

      Alvin H. Culver, Carlos S. Andrews, Christopher King, Thomas L. Stitt and John W. Burdette, for appellants.
    Hiram T. Gilbert, for appellees.
   Mr. Presiding Justice Dever

delivered the opinion of the court.


text:
    Oscar H. Sippel, appellee, v. Chicago City Railway Company, appellant.
    Gen. No. 24,274.
    Action to recover damages for injury to a pedestrian by a street car moving over tracks laid across a sidewalk. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Hugo Pam, Judge, presiding. Heard in this court at the March term, 1918.
    Reversed and remanded.
    Opinion filed November 11, 1918.
    Busby, Weber & Miller, Warner H. Robinson and Arthur J. Donovan, for appellant; John R. Guilliams, of counsel.
    Daniel S. Went-worth and David B. Maloney, for appellee.
   Mr. Presiding Justice Dever

delivered the opinion of the court.


author: Mr. Justice Holdom

text:
    John A. Abel and Edward C. Abel, trading as Abel Brothers & Company, appellees, v. George M. Poe, trading as George M. Poe & Company, appellant.
    Gen. No. 23,896.
    Trover to recover value of jewelry pawned by person to whom it was sent on memorandum. Judgment for plaintiffs. (See 199 Ill. App. 391, for prior appeal.) Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in this court at the October term, 1917.
    Affirmed.
    Opinion filed November 11, 1918.
    Leslie H. Whipp, for appellant.
    Franklin N. Wood and F., C. Tourje, for appellees.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Michael Gorman, administrator of the estate of Margaret Gorman, deceased, appellee, v. Chicago Railways Company, appellant.
    Gen. No. 24,228.
    Action to recover for death of pedestrian struck by street ear at boulevard intersection. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Marcus .A. Kavanagh, Judge, presiding. Heard in this court at the March term, 1918.
    Reversed and remanded.
    Opinion filed November 11, 1918.
    Joseph Ryan and Charles Le Roy Brown, for appellant; John R. Guilliams, of counsel.
    Brundage, Gorman & Brooks, Leon A. Berezniak and Rankin, Dittos & Lesemann, for appellee; Ode L. Rankin, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Englewood Hospital, appellee, v. Henry H. Mather, appellant.
    Gen. No. 24,237.
    Action to recover hospital services rendered to person brought to hospital by defendant, and for which he agreed to pay. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding. Heard in this court at the March term, 1918.
    Affirmed.
    Opinion filed November 11, 1918.
    Rehearing denied November 25, 1918.

      Thornton & Chancellor, for appellant.
    Gustav E. Beerly, for appellee; Ellis S. Chesbrough, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Edward G. Lindholm, appellee, v. Chicago City Railway Company and Chicago Railways Company, appellants.
    Gen. No. 24,304.
    Action to recover for personal injuries caused by a collision between a truck and a street car. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Hugh J. Kearns, Judge, presiding. Heard in this court at the March term, 1918.
    Reversed with finding of facts.
    Opinion filed November 11, 1918.
    William H. Symmes and Frank L. Kriete, for appellants; John R. Guilliams and William C. McHenry, of counsel.
    Pollock & Rainey, for appellee; John E. Crahen, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


author: Mr. Justice McSurely

text:
    James F. Bishop, administrator of the estate of James J. Morrissey, deceased, appellee, v. Chicago Junction Railway Company, appellant.
    Gen. No. 24,112.
    Action under the Federal Employers’ Liability Act to recover for death. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Marcus A. Kavanagh, Judge, presiding. Heard in this court at the March term, 1918.
    Affirmed.
    Opinion filed November 11, 1918.
    Winston, Strawn & Shaw, for appellant; John D. Black and Edward W. Everett, of counsel.
    James C. MeShane, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Garden City Fan Company, appellee, v. J. F. Schuler Company, appellant.
    Gen. No. 24,119.
    Action to recover contract price of goods sold. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding. Heard in this court at the March term, 1918.
    Affirmed on remittitur.
    Opinion filed November 11, 1918.
    Paul J. Huxmann, for appellant.
    Stoll & Shepherd, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Nanny A. Hagg, administratrix of the estate of C. Herman Hagg, deceased, appellee, v. Chicago Railways Company, appellant.
    Gen. No. 24,205.
    Action to recover for death of person struck by car after passing around rear of car from which he had alighted. Judgment for plaintiff. Appeal from the Circuit Court of Cook County; the Hon. Charles M. Walker, Judge, presiding. Heard in this court at the March term, 1918.
    Affirmed.
    Opinion filed November 11, 1918.
    Charles Le Roy Brown, for appellant; John R. Guilliams and P. L. MeArdle, of counsel.
    Mayer, Meyer, Austrian & Platt, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


author: Mr. Presiding Justice Eldredge

text:
    Third District.
    Earl Miller et al., appellees, v. William Botwinis et al., appellants.
    Action under the Dramshop Act to recover for suicide of father. Judgment for plaintiffs. Appeal from the Circuit Court of Sangamon county; the Hon. Herman L. Jones, Judge, presiding. Heard in this court at the October term, 1917.
    Affirmed.
    Opinion filed October 22, 1918.
    A. M. Fitzgerald, for appellants.
    S. H. Cummins, for appellees.
   Mr. Presiding Justice Eldredge

delivered the opinion of the court.


text:
    Martins-Leary Company, Inc., defendant in error, v. Lawrence Funk et al. Lawrence Funk, plaintiff in error.
    Assumpsit to recover on open account. Judgment for plaintiff. Error to the Circuit Court of McLean county; the Hon. C. D. Myers, Hon. T. M. Harris and Hon. Sain Welty, Judges, presiding. Heard in this court at the April term, 1918.
    Reversed and remanded.
    Opinion filed October 22, 1918.
    Sterling, Livingston & Whitmore, for plaintiff in error.
    James L. Loar, for defendant in error.
   Mr. Presiding Justice Eldredge

delivered the opinion of the court.


text:
    People’s State Bank of Chandlerville, appellant, v. Tillie Zook Lynn, appellee.
    Action on note. Judgment for defendant on appeal from Justice Court. Appeal from .the Circuit Court of Cass county; the Hon. Harry Higbee, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.
    A. A. Leeper, for appellant.
    Lucas & Lucas, for appellee.
   Mr. Presiding Justice Eldredge

delivered the opinion of the court.


text:
    F. L. Schlierbach, appellant, v. George W. Marsland, appellee.
    Bill to restrain the clerk of a City Court from collecting clerk’s fees in violation of agreement between the parties. Bill dismissed. Appeal from the Circuit Court of Christian county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed in part, reversed in part and remanded with directions.
    Opinion filed October 22, 1918.
    Charles E. Springstun, for appellant.
    Chafee, Chew & Baker, for ' appellee.
   Mr. Presiding Justice Eldredge

delivered the opinion of the court.


text:
    Thomas Walsh, appellee, v. Central Illinois Public Service Company, appellant.
    Action to recover damages for injuries sustained by driver of automobile on striking guy wire in highway. Judgment for plaintiff. Appeal from the Circuit Court of Morgan county; the Hon. Elbert S. Smith, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.

      Vause, Hughes & Kiger, for appellant.
    Wilson & Butler, for appellee.
   Mr. Presiding Justice Eldredge

delivered the opinion of- the court.


text:
    William Harlan and Alex Harlan, appellees, v. Chicago & Alton Railroad Company, appellant.
    Action to recover damages for killing of runaway horse struck by train at street intersection. Judgment for plaintiffs. Appeal from the Circuit Court of Macoupin county; the Hon. Prank W. Burton, Judge, presiding. Heard in this court at the April term, 1918.
    Reversed and remanded.
    Opinion filed October 22, 1918.
    Patton & Patton, for appellant; Silas H. Strawn, of counsel.
    Leslie M. Harlan, for appellees; Jesse Peebles, of counsel.
   Mr. Presiding Justice Eldredge

delivered the opinion of the court.


text:
    John Koenig et al., appellees, v. Adolph Hoch and William H. Meiners, appellants.
    Action under Dramshop Act to recover for death of father from poison. Judgment for plaintiffs. Appeal from the Circuit Court of Maucoupin county; the Hon. Frank W. Burton, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.
    W. H. Nelms, F. P. Drennan and E. C. Knotts, for appellants.
    J. K. Rinaker, Truman A. Snell and Thomas Rinaker, for appellees.
   Mr. Presiding Justice Eldredge

delivered the opinion of the court.


author: Mr.. Presiding Justice Eldredge

text:
    Poffenberger & Morris, appellants, v. Baltimore & Ohio Southwestern Railroad Company, appellee.
    Action to recover for destruction of building by fire. Judgment for defendant. Appeal from the Circuit Court of Christian county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the April term, 1918.
    Reversed and remanded.
    Opinion filed October 22, 1918.
    Taylor & Taylor and Barger & Hicks, for appellants.
    Graham & Graham and George T. Wallace, for appellee; Morrison R. Waite and William A. Eggers, of counsel.
   Mr.. Presiding Justice Eldredge

delivered the opinion of the court.


author: Mr. Justice Graves

text:
    William Shannon and Harriet E. Shannon, administrators of the estate of B. F. Shannon, deceased, appellees, v. Mary E. Ormsby, appellant.
    Action to recover on original promise to pay debt of another. Judgment for plaintiff. Appeal from the Circuit Court of Christian county; the Hon. James C. McBride, Judge, presiding. Heard in this court at the October term, 1917.
    Affirmed.
    Opinion filed October 22, 1918.
    Taylor & Taylor, for appellant.
    Drennan & Buffington, for appellees.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    L. B. Scranton, appellee, v. Chicago & Alton Railroad Company, appellant.
    Action to recover for killing of horses by locomotive. Judgment for plaintiff. Appeal from the Circuit Court of Pike county; the Hon. Albert Akers, Judge, presiding. Heard in this court at the October term, 1917.
    Reversed and remanded.
    Opinion filed October 22, 1918.
    Edward Dooey and William and Barry Mumford, for appellant.
    A. Clay Williams and W. E. Williams, for appellee.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. James Webb, plaintiff in error.
    Conviction on charge of selling liquor in anti-saloon territory. Error to the County Court of Champaign county; the Hon. Roy C. Freeman, Judge, presiding. Heard in this court at the October term, 1917.
    Affirmed.
    Opinion filed October 22, 1918.
    F. T. Carson, for plaintiff in error.
    Louis A. Busch and H. D. Roth, for defendant in error.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    Independent Oil Company, appellee, v. Illinois Central Railroad Company, appellant.
    Action to recover for damage to wagon struck by train at highway intersection. Judgment for plaintiff. Appeal from the Circuit Court of Macon county; the Hon. William K. Whitfield, Judge, presiding. Heard in this court at the October term, 1917.
    Reversed with finding of fact.
    Opinion filed October 22, 1918.
    Crea, Housum & Hamilton, for appellant; John G. Drennan, of counsel.
    McCullough & Wiérman, for appellee.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    National Bank of Mattoon, appellee, v. Charles T. Welch, appellant.
    Action on note. Judgment for plaintiff on trial on merits after judgment by confession had been opened. Appeal from the City Court of Mattoon; the Hon. John McNutt, Judge, presiding. Heard in this court at the October term, 1917.
    Affirmed.
    Opinion filed October 22, 1918.
    T. N. Cofer, for appellant.
    Vause, Hughes & Eager, for appellee.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    Katherine Beazel, appellee, v. George S. Beekman, appellant.
    Action against owner of garage leased as heated for damages to automobile by freezing of radiator. Judgment for plaintiff. Appeal from the Circuit Court of Sangamon county; the Hon. Elbert S. Smith, Judge, presiding. Heard in this court at the October term, 1917.
    Affirmed.
    Opinion filed October 22, 1918.
    John G. Friedmeyer, for appellant.
    Edmund Burke, for appellee.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    Nathan Bond, receiver of Hamilton & Cunningham, appellant, v. Charles A. Allen and John G. Thompson, appellees.
    Action on note. Judgment for defendant as defense of payment and discharge. Appeal from the Circuit Court of Vermilion county; the Hon. Walter Brewer, Judge, presiding. Heard in this court at the October term, 1917.
    Affirmed.
    Opinion filed October 22, 1918.
    Rearick & Meeks, for appellant.
    Bindley, Penwell & Bindley and Bawrenee T. Allen, for appellees; Walter C. Bindley, of counsel.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    Mary L. Mayfield, appellee, v. Alexander Lumber Company, appellant.
    Action to recover rent and for damages for failure to keep certain buildings insured, which buildings were later destroyed by fire. Judgment for plaintiff. Appeal from the Circuit Court of Champaign county; the Hon. Franklin H. Boggs, Judge, presiding. Heard in this court at the October term, 1917.
    Affirmed.
    Opinion filed October 22, 1918.
    Dobbins & Dobbins, for appellant.
    Green & Palmer and Walter B. Riley, for appellee.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    George F. Torbert, appellant, v. Allen Tuggle and Thurman Tuggle, appellees.
    Action to recover for damage caused by stock escaping upon land of adjoining owner. Judgment for defendants. Appeal from the Circuit Court of DeWitt county; the Hon. George A. Sentel, Judge, presiding. Heard in this court at the October term, 1917.
    Reversed and remanded.
    Opinion filed October 22, 1918.
    Herrick & Herrick, for appellant.
    W. F. Gray, for appellees.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    Shiloh Mutual Telephone Company, defendant in error, v. Charles C. Creamer, plaintiff in error.
    Action to recover for telephone rental. Judgment for plaintiff. Error to the Circuit Court of Schuyler county; the Hon. Guy R. Williams, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.
    Glass & Bottenberg, for plaintiff in error.
    B. O. Willard and C. W. Flack, for defendant in error.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    Fred W. Ayers, appellant, v. Wabash Coal Company, appellee.
    Action to recover for breach of contract to purchase water. Judgment for defendant. Appeal from the Circuit Court of Adams county; the Hon. Albert Akers, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.
    Freeman O. R. Baker and Fred G. Wolfe, for appellant.
    John F. Garner and Govert & Lancaster, for appellee.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    William H. Webster, plaintiff in error, v. L. H. Coleman et al., defendants in error.
    Bill by judgment creditor to redeem from redemption sale. Bill dismissed. Error to the Circuit Court of Sangamon county; the Hon. Elbert S. Smith, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.
    Keithley & Keithley, for plaintiff in error.
    Barber & Barber, for defendants in error.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    Darling & Company, appellant, v. Wright & Sharp (a corporation), appellee.
    Action on contract to recover money advanced in excess of goods received. Judgment for defendant. Appeal from the County Court of Sangamon county; the Hon. J. B. Weaver, Judge, presiding. Heard in this court at the April term, 1918.
    Reversed and judgment here.
    Opinion filed October 22, 1918.
    Barber & Barber, for appellant.
    John G. Friedmeyer, for appellee.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    S. Emma Polson, by Ingra J. Miller, plaintiff in error, v. C. B. Wiggins, defendant in error.
    Trial of right of property. Judgment for defendant. Error to the County Court of Champaign county; the Hon. Roy C. Freeman, Judge, presiding. Heard in this court at the April term, 1917.
    Affirmed.
    Opinion filed October 22, 1918.
    O. R. Middleton and Herrick & Herrick, for plaintiff in error.
    Dobbins & Dobbins, for defendant in error.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    The People of the State of Illinois, appellee, v. James C. Norman et al. Bee King, appellant.
    Contempt for violation of injunction against maintenance of assignation house. Appeal from the Circuit Court of McLean county; the Hon. Sain Welty, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.
    D. J. Sammon, for appellant.
    O’Connell & Dolan, for appellee.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    Georgia R. Montgomery, appellee, v. Chicago & Alton Railroad Company, appellant.
    Action to recover for personal injuries sustained in falling at entrance to passenger station. Judgment for plaintiff. Appeal from the Circuit Court of Morgan county; the Hon. Elbert S. Smith, Judge, presiding. Heard in this court at the April term, 1918.
    Reversed and remanded.
    Opinion filed October 22, 1918.
    Wilson & Butler, for appellant.
    William N. Hairgrove and Bellatti, Bellatti & Moriarty, for appellee.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    John Wesley Corman, appellee, v. Adeline Strong et al., appellants.
    Decree in partition allowing $900 solicitor’s fees. Appeal from the Circuit Court of Schuyler county; the Hon. Harry Higbee, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.
    L. A. Jarman and George B. Steele, for appellants.
    B. O. Willard and D. L. Mourning, for appellee.
   Mr. Justice Graves

delivered the opinion of the court.


text:
    Frank N. Hayslip and Chilton H. Day, appellees, v. Chicago & Alton Railroad Company, appellant.
    Action to recover for loss of goods by fire in course of transportation. Judgment for plaintiffs. Appeal from the Circuit Court of Logan county; the Hon. T. M. Harris, Judge, presiding. Heard in this court at the April term, 1918.
    Reversed and remanded.
    Opinion filed October 22, 1918.
    Covey & Woods, for appellant; Silas H. Strawn, of counsel.
    Beach & Trapp, for appellees.
   Mr. Justice Graves

delivered the opinion of the court.


author: Mr. Justice Waggoner

text:
    Charles W. Binns et al., appellants, v. Henry Juhl et al., appellees.
    Order refusing to admit will to probate. Appeal from the Circuit Court of Logan county; the Hon. T. M. Harris, Judge, presiding. Heard in this court at the April term, 1918.
    Reversed and remanded with directions.
    Opinion filed October 22, 1918.
    Evan Worth and McCormick & Murphy, for appellants; S. S. Smith, of counsel.
    Beach & Trapp, for appellees.
   Mr. Justice Waggoner

delivered the opinion of the court.


text:
    Mabel Wright, appellee, v. Oyer Wright, appellant.
    Bill for divorce on ground of adultery. Decree for complainant. Appeal from the Circuit Court of Morgan county; the Hon. Norman L. Jones, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.
    Walter W. Wright and Wilson & Butler, for appellant.
    William N. Hairgrove, for appellee.
   Mr. Justice Waggoner

delivered the opinion of the court.


text:
    James A. McAdams, appellee, v. Chicago & Alton Railroad Company, appellant.
    Action to recover damages for personal injuries sustained in collision between automobile and switch engine. Judgment for plaintiff. Appeal from the Circuit Court of Sangamon county; the Hon. Elbert S. Smith, Judge, presiding. Heard in this court at the April term, 1918. Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed October 22, 1918.
    Patton & Patton, for appellant; Silas H. Strawn, William L. Patton and Henry L. Patton, of counsel.
    A. M. Fitzgerald and Adolph Bernard, for appellee.
   Mr. Justice Waggoner

delivered the opinion of the court.


text:
    Faber-Musser Company, appellant, v. William E. Dee Manufacturing Company, appellee.
    Assumpsit for breach of contract. Judgment for defendant. Appeal from the Circuit Court of Sangamon county; the Hon. Elbert S. Smith, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.
    Keithley & Keithley, for appellant.
    Patton & Patton, for appellee; William L. Patton, Henry L. Patton & Homer Abbott, of counsel.
   Mr. Justice Waggoner

delivered the opinion of the court.


text:
    W. B. Linn, appellant, v. George Spence & Company, appellee.
    Assumpsit for breach of contract for the purchase of an automobile. Judgment for defendant. Appeal from the Circuit Court of Clark county; the Hon. Walter Brewer, Judge, presiding. Heard in this court at the April term, 1918.
    Reversed and remanded.
    Opinion filed October 22, 1918.
    Harry J. Buxbaum and Everett Connelly, for appellant.
    John J. Arney and Samuel M. Scholfield, for appellee.
   Mr. Justice Waggoner

delivered the opinion of the court.


text:
    William M. Riley, appellee, v. F. A. Jorgensen et al., appellants.
    Assumpsit for use and occupation. Judgment for plaintiff. Appeal from the Circuit Court of Douglas county; the Hon. Franklin H. Boggs, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.
    Leon U. Everhart and W. Thomas Coleman, for appellants.
    P. M. Moore and John H. Chadwick, for appellee.
   Mr. Justice Waggoner

delivered the opinion of the court.


text:
    Henry C. Hamilton, receiver, appellant, v. A. N. Reed, appellee.
    Action to recover overdraft. Judgment for defendant on plea of set-off. Appeal from the County Court of Macoupin county; the Hon. Andrew J. Duggan, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.
    Harry De Frates and Jesse Peebles, for appellant.
    Edward C. Knotts and E. N. Kevins, for appellee.
   Mr. Justice Waggoner

delivered the opinion of the court.


text:
    Vola K. Price, appellee, v. Thomas R. Price, appellant.
    Bill for separate maintenance. Decree for complainant. Appeal from the Circuit Court of Adams county; the Hon. Harry Higbee, Judge, presiding. Heard in this court at the April term, 1918.
    Affirmed.
    Opinion filed October 22, 1918.
    Covert & Lancaster, for appellant.
    Wilson & Sehmiedeskamp, for appellee.
   Mr. Justice Waggoner

delivered the opinion of .the court.


text:
    Fred Holm, Appellant, v. County of Cook and Peter Reinberg et al., County Commissioners of Cook County, Appellees.
    Gen. No. 24,026.
    1. Action on the case, § 8

      —when appropriate form of action. Trespass on the case is the appropriate form of action to recover for damages caused by the appropriation of drains and farm tiling and of a right of way across land for disposing of sewerage.
    2. Eminent domain, § 35

      —when property taken and damaged for public use without compensation. A declaration which sets up that the drainage from a county institution is, without compensation, conducted from the institution through plaintiff’s lands and tiling system which he had installed for his own uses, sets up a state of facts from which it appears that his property has been both taken and damaged for public use without compensation.
    3. Counties, § 67

      —when may be sued for tort. A county may be sued in tort for taking and damaging property in constructing a county institution, while acting within its general powers.
    Appeal from the Circuit Court of Cook county; the Hon. Jkssb A. Baud win, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1918.
    Reversed and remanded.
    Opinion filed December 24, 1918.
    Coburn & Bentley, for appellant.
    Maclay Hoyne, for appellees; Ernst Buehler, of counsel.

      See Illinois Notes Digest, Vols. XI to XV, andi Cumulative Quarterly, same topic and section number.

   Mr. Presiding Justice McDonald

delivered the opinion of the court.

This is an appeal from a judgment rendered in favor of appellees ('defendants below), on a directed verdict, in an action shown by the declaration to be one of trespass on the case.

On the trial below, plaintiff sought to prove the allegations contained in his declaration, but the court sustained an objection thereto and directed a verdict for the defendants, on the theory that Cook County, being a municipal corporation and a branch of the government -of the State of Illinois, could not be sued in an action of tort.

The declaration set forth, in substance, that on the 1st day of April, A. D. 1910, and for a long time prior thereto, plaintiff was the owner in fee simple of certain farm lands therein described, situate in the County of Cook; that said lands were being used for farming purposes and had always been so used since he acquired title thereto; that prior to the injuries complained of, plaintiff had improved said lands by laying a tiling system below the surface, whereby he drained his lands into a certain ditch known as the Calumet Drainage District Ditch; that said tiling was required to be and was of a porous nature and was loosely laid so as to absorb and admit the moisture from the soil, thereby preventing it from becoming sour, soggy and unfit for cultivation; that the said defendant, the County of Cook, by its board of county commissioners, caused to be erected a large infirmary upon a large tract of land which it owns immediately west of and adjoining the lands of plaintiff, known as Oak Forest Infirmary, or Poor Farm, where it furnished a home and refuge for about 3,000 inmates and employees; that all the buildings comprising said infirmary were equipped with modern plumbing and sewerage facilities; that defendant maintained therein large laundries, sculleries, kitchens, closets, and waterworks for flushing the same and carrying off the sewerage from the said infirmary in a certain drain or conduit; that in so doing the said defendant, Cook County, by and through its board of county commissioners, officers and agents, did appropriate, take and use the said drains and farm tiling of the plaintiff, and conduct its said sewerage through the same for a period of 4 years and from thence hitherto, and did then and there, in so doing, take and use the said farm tiling of plaintiff and the right of way across the plaintiff’s premises for the disposition of the said sewerage into the ditch of the said Calumet Drainage District, for a public purpose, and wrongfully, without making any just compensation to the plaintiff for the said taking and using of the said tile for the said purposes, or for the damage thereto and to the tenements, lands and soil of the plaintiff there; that the said sewerage so conducted onto and across the said premises contained soap, chemicals, noxious gases and all ordinary impurities characterizing sewerage, and has so sealed and filled the pores in the said tiling that the same is wholly destroyed for the use for which it was intended, viz., of absorbing the moisture in the soil of plaintiff’s lands, and that the various chemicals and moisture in said sewerage have leaked and continue to leak into and through the soil of the plaintiff, so as to saturate the same, and render the same unfit for the purpose of cultivation, and incapable of producing vegetation, and that said noxious gases therein have escaped onto the premises so as to render the same undesirable and unhealthy to live upon; that such taking and using was, is, and at all times has been, with the knowledge of the said board, and was and has been a matter of public necessity; that thereby plaintiff has been damaged and his lands and improvements decreased in value, by reason of the said taking and using, for public purposes as aforesaid, from thence up to the time of the commencement of this suit, etc.

It is insisted by plaintiff that the action here brought is one to recover compensation for the wrongful taking of and damage to his lands and tiling system for a public use without compensation. Defendant, on the other hand, argues that, being a municipality in the exercise of its governmental functions, an action in tort will not lie against it.

So far as the form is concerned, if an action does lie against Cook County for the injuries complained of, trespass on the case is the appropriate one. Bradbury v. Vandalia Levee & Drainage Dist., 236 Ill. 36; Allen v. City of Decatur, 23 Ill. 332.

The paramount question here presented for determination is, whether any action will lie against Cook County under the facts hereinabove related.

Section 13 of the Bill of Rights (Const. Ill. of 1870, art. II) provides that “private property shall not be taken or damaged for public use without just compensation”; that “such compensation, when not made by the State, shall be ascertained’ by a jury, as shall be prescribed by law.”

It will be seen, from an examination of the declaration, that when defendant constructed the said Oak Forest Infirmary, it contemplated that all sewerage was to be conducted from its lands into the Calumet Drainage District Ditch, by means of plaintiff’s said tiling system, which was in fact done. Such action was tantamount to an appropriation not only of plaintiff’s lands for this purpose, but also the tiling system which plaintiff had laid for purposes entirely foreign to the one to which defendant pnt it. While it is true, as argued by defendant, that the servient estate must yield to the dominant one in carrying off surface waters, etc., yet such right cannot be enlarged to permit the defendants herein to unlawfully appropriate plaintiff’s said tiling system for the purpose of conducting the entire sewerage of the institution in question through plaintiff’s lands. In our opinion, plaintiff’s declaration sets up a state of facts from which it appears that his said property has been both taken and damaged for public use without compensation.

In May v. County of Logan, 30 Fed. 250, an action was brought to recover damages for the infringement of a patent right for an improvement in the construction of prisons. The right to a recovery was there sustained, upon the theory that “the obligation to do justice rests upon all persons, natural and artificial; and if a cou/nty obtains the money or property of others, without authority, the law, independent of any statute, will compel restitution or compensation.” To the same effect are: May v. County of Mercer, 30 Fed. 246, and Coburn v. San Mateo County, 75 Fed. 520.

Dillon, the well known authority on municipal corporations, in discussing the implied corporate liability for wrongful acts, says, p. 2874, vol. 4, 5th Ed.:

“Cases such as those just mentioned are to be distinguished from others which resemble them in the circumstance of relating to wrongful acts, but which arise out of matters or transactions within the general powers of the corporation, and in respect of which there may be a corporate liability. Thus, if in exercising its power to open or improve streets, or to make drains and sewers, the agents or officers of a municipal corporation, through its authority or direction, commit a trespass upon, or take possession of, private property, without complying with the charter or statute, the corporation is liable in damages therefor.”

So, in the case at bar, the defendant, Cook County, acting within its general powers, constructed the said infirmary, the proper use of which required a sewerage system. In connecting its sewerage system with plaintiff’s said tiling system and in using the latter to carry off the sewerage from the infirmary—a use for which it was clearly not intended and to which plaintiff did not consent—the defendant wrongfully appropriated and damaged plaintiff’s property for public use. If, on the other hand, defendant’s position were tenable, viz., that a county may never be sued in tort, then the aforesaid provision of our Constitution would be in fact nugatory, for it would leave the injured person remediless in situations as here presented.

We conclude, therefore, that the court erred in sustaining the objection to the introduction of plaintiff’s offered evidence and in directing a verdict and entering judgment for the defendants.

Accordingly the judgment will be reversed and the cause remanded for further proceedings not inconsistent with the views hereinabove expressed.

Reversed and remanded.