Weick v. Lander

Citations

• 75 Ill. 93

Syllabus

<p>1. Negligence—obstructing public street. Where an act is done which is unlawful in itself, such as placing an obstruction in a public street or highway which detracts from the safety of travelers, the author of it will be held liable for an injury resulting from the act, although other causes subsequently arising may contribute to the injury.</p> <p>2. Same—unlawful act. Where an act unlawful in itself is done, from which an injury may reasonably and naturally be expected to result, the injury, when it occurs, may be traced back and visited upon the original wrong-doer, and this upon the principle that every person shall be held liable for all those consequences resulting from his unlawful act .which might have been foreseen and expected as the result.</p> <p>3. Where a contractor for the erection of a house in the city of Chicago placed a lot' of brick in one of the most public streets, in violation of the ordinances of the city, and on the opposite side of the street there was a pile of lumber, and owing to these and other obstructions it was difficult for teams to pass each other without a collision, and it appeared the plaintiff had two teams engaged in hauling sand, and that while they were returning with their loads the plaintiff's son, aged about twelve years, got upon the back part of the foremost wagon, and while occupying a seat with his back to the tail-board, the wagon was suddenly stopped by a collision with an express wagon at the place of the obstruction, and the driver of the rear wagon, watching to avoid a collision on his part, did not observe the stoppage of the front wagon untilhe was very near it, and in attempting to stop his wagon the tongue was elevated and struck the boy in the abdomen inflicting a wound causing his death: Held', in a suit by the plaintiff, as the personal representative of the deceased, that'the contractor was liable, and the injury must be traced to the first wrong — the obstruction of the street by him.</p> <p>4. Same—