City of Chicago v. Pennsylvania Co.

Citations

• 119 F. 497
• 57 C.C.A. 509
• 1902 U.S. App. LEXIS 4683

Syllabus

<p>L Municipal Corporations—Liability por Property Destroyed by Mob.</p> <p>A city may be held liable for the destruction or injury of property, in consequence of a mob or riot therein, where such liability is imposed by statute; and it is no defense to an action for its enforcement that the city exercised all its power to prevent the loss, or that the state and federal governments were also engaged in protecting the property.</p> <p>2. Same—Action por Damages—Evidence Considered.</p> <p>Evidence examined, and held to sustain the finding of a jury that property was destroyed in consequence of a mob during the railway strike of 1894 in Chicago, within the meaning of the Illinois statute, so as to render the city liable therefor.</p> <p>8. Same—Evidence.</p> <p>In an action against a city to recover for property destroyed and injured in consequence of a mob or riot, a proclamation issued by the mayor calling for troops to suppress the riot, telegrams sent by him to the governor, and similar official acts are admissible in evidence to show the conditions existing at the time the property.was destroyed.</p> <p>4 Bailment—Interest op Bailee—Bight to Sue por Injury op Property.</p> <p>A railroad company has such property in cars which it holds under lease, and in cars of other companies temporarily in its possession and use as bailee as a common carrier, as will support an action for their wrongful injury or destruction.</p> <p>T1. See Counties, vol. 18, Gent. Dig. S 213; Municipal Corporations, vol. 36, Cent. Dig. § 1558.</p>