Ziech v. Hehard

Appellate Court of Illinois

Ziech v. Hehard

67 Ill. App. 97, 1896 Ill. App. LEXIS 19

CourtAppellate Court of Illinois

DecidedNovember 19, 1896

StatusPublished

Cited by1 cases

This text of 67 Ill. App. 97 (Ziech v. Hehard) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ziech v. Hehard, 67 Ill. App. 97, 1896 Ill. App. LEXIS 19 (Ill. Ct. App. 1896).

Pincite

Opinion

Mr. Justice Waterman

delivered the opinion ok the Court.

The record fails to show what negligence, if any, the defendant was guilty of, which resulted in the accident.

The table fell, but that the fall was the result of negligence on the part of the defendant, does not appear.

The action of negligence is based upon a neglect of duty, and both the duty and the neglect must be proven by the plaintiff. R. R. Co. v. Evans, 88 Ill. 63; R. R. Co. v. Mock, 88 Ill. 87; R. R. Co. v..Wellhoener, 72 Ill. 60; Conlon v. Bailey, 58 Ill. App. 261; De La Vergne Refrigerator Co. v. McLeroth, 60 Ill. App. 529; R. R. Co. v. Grimes, 13 Ill. 585; Williams v. R. R. Co., 135 Ill. 491; Joliet Steel Co. v. Shields, 146 Ill. 603; Sack v. Dolese, 137 Ill. 129.

The plaintiff having failed to show that the deceased was injured in consequence of the neglect of the defendant, the jury was properly instructed to find for the defendant.

The judgment of the Circuit Court is affirmed.

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