Cicero State Bank v. Dolese & Shepard Co., Gen. No. 40205.

CourtIllinois Appellate Court
Writing for the CourtMcSURELY
Citation18 N.E.2d 574,298 Ill.App. 290
PartiesCICERO STATE BANK v. DOLESE & SHEPARD CO.
Docket NumberGen. No. 40205.
Decision Date30 January 1939

298 Ill.App. 290
18 N.E.2d 574

CICERO STATE BANK
v.
DOLESE & SHEPARD CO.

Gen. No. 40205.

Appellate Court of Illinois, First District, First Division.

Jan. 16, 1939.
Rehearing Denied Jan. 30, 1939.


Appeal from Superior Court, Cook County; Peter H. Schwaba, Judge.

Action by Cicero State Bank, administrator of the estate of Lottie Jerzak, deceased, against Dolese & Shepard Co., a corporation, for the death of Lottie Jerzak. From a judgment for plaintiff, defendant appeals.

Affirmed.

[18 N.E.2d 574]

Howard & Greene, of Chicago (H. L. Howard, of Chicago, of counsel), for appellant.

Julius H. Selinger and Julius T. Skrydlewski, both of Chicago (Julius H. Selinger, of Chicago, of counsel), for appellee.


McSURELY, Presiding Justice.

On July 17, 1933, Lottie Jerzak, a month over 14 years of age, was drowned while on the premises of the defendant; the administrator of her estate brought suit alleging that defendant owned and possessed certain premises used as a dumping ground for waste material; that water to the depth of forty feet had accumulated on the premises on which were floating planks, scum and other objects; that the premises were attractive to children of tender years and that plaintiff's intestate was attracted to the negligently unguarded water hole and while at play she fell into the water and was drowned. Upon trial the jury found defendant guilty and assessed plaintiff's damages at $4,000. Judgment for this amount was entered and defendant appeals.

The premises on which this accident happened covered a large area at the western boundary of the City of Chicago; the place was originally a quarry operated by the defendant, but for some years prior to the

[18 N.E.2d 575]

accident had been used as a dumping ground for garbage and refuse.

The premises extended south from 30th street to 33rd street, about three city blocks, and west from 46th avenue to 48th avenue, about two city blocks; garbage had been dumped on the premises for some years before and it had been filled up except about a square block in the middle of the premises; this hole was filled with water on which was floating all kinds of rubbish which at some places became thick enough to form a scum or muddy soft ground; there was no regular roadway across the premises; the eastern boundary was the railroad tracks of the Belt Line railroad and the M. & I. railroad; east of these tracks was 31st street running east and west, and the pavement and sidewalk on 31st street stopped some distance east of the Belt Line tracks, but the evidence shows that people wishing to cross defendant's premises would cross the railroad tracks and walk on what might be called an extension of 31st street across the property going west.

The trucks of the concerns dumping garbage at this place in 1933 would enter a gate on the west side and drive into the premises in an easterly direction; the garbage would be dumped at the edge of the water hole and part of it would roll down the embankment into this hole and part of it would remain on top, from where it would be shoved by a tractor over the embankment down into the water hole; the embankment was from 8 to 12 feet higher than the water hole and extended east and west for a distance of a city block, not in a straight line, but jagged. There was evidence that below this embankment, at the north edge of the water hole was a strip of water, but there is a conflict in the evidence as to whether it was all open water or partly covered with scum and rubbish; the water varied in depths at different places but is described as “deep”.

Lottie Jerzak, the deceased, was living at home with her mother, a widow, on west 39th street; she was having her vacation from grammar school where she had just graduated. Lottie, with her sister Sophie, then 12 years of age, and a neighbor, Florence Noga, 11 years of age, decided to go to this garbage dump to look for toys. This was a customary thing for the children in the neighborhood to do. The path or driveway was used generally by people in the community desiring to cross the premises; from this pathway running across the premises the dumping into the water hole was visible and accessible; in the material brought by the trucks and dumped were toys, dolls and bright, shiny metals, and the evidence shows that children customarily went to the place of the dumpings to salvage such articles.

The deceased, with the two other girls, had crossed over the railroad tracks onto defendant's premises at about 31st street and walked first in a westerly direction and then southwesterly towards the water hole; they picked up some toys and then proceeded down the...

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15 practice notes
  • Taylor v. Mathews, Docket No. 10522
    • United States
    • Court of Appeal of Michigan (US)
    • 25 Abril 1972
    ...of the age of 14 years, 5 months. The boy drowned attempting to cross an artificial pond. Cicero State Bank v. Dolese & Shepard Co., 298 Ill.App. 290, 18 N.E.2d 574 (1939). This case involved a child of the age of 14 years, 1 month who drowned while on the premises of the defendant. There w......
  • Bass v. Quinn-Robbins Co., QUINN-ROBBINS
    • United States
    • United States State Supreme Court of Idaho
    • 6 Abril 1950
    ...Co., 216 Ala. 35, 112 So. 352, 53 A.L.R. 1336; Kansas City v. Siese, 71 Kan. 283, 80 P. 626; Cicero State Bank v. Dolese & Shepard Co., 298 Ill.App. 290, 18 N.E.2d 574; Saxton v. Plum Orchards, La.App., 34 So.2d 423; Barnhart v. Chicago M. & St. P. Ry., 89 Wash. 304, 154 P. 441, L.R.A.1916D......
  • Gagnier v. Curran Const. Co., No. 11388
    • United States
    • Montana United States State Supreme Court of Montana
    • 19 Agosto 1968
    ...v. City of Tampa, 115 Fla. 666, 155 So. 854; Holmberg v. City of Chicago, 244 Ill.App. 505; Cicero State Bank v. Dolese and Shepard Co., 298 Ill.App. 290, 18 N.E.2d 574; Fink v. Missouri Furnace Company, 10 Mo.App. 61, 82 Mo. 276; Arrington v. Town of Pinetops, 197 N.C. 433, 149 S.E. 549; C......
  • Hoff v. Natural Refining Products Co., No. A--780
    • United States
    • New Jersey Superior Court – Appellate Division
    • 9 Noviembre 1955
    ...for jury, 14 years: Patterson v. Palley Mfg. Co., 360 Pa. 259, 61 A.2d 861 (Sup.Ct.1948); Cicero State Bank v. Dolese & Shepard Co., 298 Ill.App. 290, 18 N.E.2d 574 (App.Ct.1939); Biggs v. Consolidated Barb-Wire Co., 60 Kan. 217, 56 P. 4, 44 L.R.A. 655 (Sup.Ct.1899); McCoy v. Texas Power & ......
  • Request a trial to view additional results
15 cases
  • Taylor v. Mathews, Docket No. 10522
    • United States
    • Court of Appeal of Michigan (US)
    • 25 Abril 1972
    ...of the age of 14 years, 5 months. The boy drowned attempting to cross an artificial pond. Cicero State Bank v. Dolese & Shepard Co., 298 Ill.App. 290, 18 N.E.2d 574 (1939). This case involved a child of the age of 14 years, 1 month who drowned while on the premises of the defendant. There w......
  • Bass v. Quinn-Robbins Co., QUINN-ROBBINS
    • United States
    • United States State Supreme Court of Idaho
    • 6 Abril 1950
    ...Co., 216 Ala. 35, 112 So. 352, 53 A.L.R. 1336; Kansas City v. Siese, 71 Kan. 283, 80 P. 626; Cicero State Bank v. Dolese & Shepard Co., 298 Ill.App. 290, 18 N.E.2d 574; Saxton v. Plum Orchards, La.App., 34 So.2d 423; Barnhart v. Chicago M. & St. P. Ry., 89 Wash. 304, 154 P. 441, L.R.A.1916D......
  • Gagnier v. Curran Const. Co., No. 11388
    • United States
    • Montana United States State Supreme Court of Montana
    • 19 Agosto 1968
    ...v. City of Tampa, 115 Fla. 666, 155 So. 854; Holmberg v. City of Chicago, 244 Ill.App. 505; Cicero State Bank v. Dolese and Shepard Co., 298 Ill.App. 290, 18 N.E.2d 574; Fink v. Missouri Furnace Company, 10 Mo.App. 61, 82 Mo. 276; Arrington v. Town of Pinetops, 197 N.C. 433, 149 S.E. 549; C......
  • Hoff v. Natural Refining Products Co., No. A--780
    • United States
    • New Jersey Superior Court – Appellate Division
    • 9 Noviembre 1955
    ...for jury, 14 years: Patterson v. Palley Mfg. Co., 360 Pa. 259, 61 A.2d 861 (Sup.Ct.1948); Cicero State Bank v. Dolese & Shepard Co., 298 Ill.App. 290, 18 N.E.2d 574 (App.Ct.1939); Biggs v. Consolidated Barb-Wire Co., 60 Kan. 217, 56 P. 4, 44 L.R.A. 655 (Sup.Ct.1899); McCoy v. Texas Power & ......
  • Request a trial to view additional results

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