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35 Ill. App. 619

Gallery v. Davis

Appellate Court of Illinois

Decided May 28, 1890

Appellate Court of Illinois · decided 1890-05-28

<p>Master and Servant—Negligence of Servant—Injury to Third Person— Justice—Jurisdiction of.</p> <p>A justice of the peace has jurisdiction of actions involving injuries to personal property.</p>

Cited by 1 later decisions — most recently November 1931

1 state decisions

Relies on Illinois Central Railroad v. Reedy · Skinner v. Morgan

Good law ✅— No negative treatment on recordhow we know

Decided 1890-05-28

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Garnett, J.

¶1The judge of the Circuit Court, before whom this case was tried without a jury, settled the issues of fact adversely to appellant, and -this court approves his finding. The only question left is one of jurisdiction.

¶2The action was commenced before a justice of the peace to recover damages for the injury to appellee’s buggy. The injury was caused by the reckless driving of appellant’s wagon by a teamster in his employ.

¶3Appellant says the only action that could be maintained against him for such an unlawful act is an action on the case, and that a justice of the peace has no jurisdiction in that , action.

¶4The statute of 1845 did not confer jurisdiction on justices in actions on the case, and it was so held in I. C. R. R. Co. v. Reedy, 17 Ill. 580. But the act now in force gives such jurisdiction in actions for injuring personal property, without specifying any class of injuries. This action is certainly of that kind, and the jurisdiction was rightly sustained. Skinner v. Morgan, 21 Ill. App. 209.

¶5The judgment is affirmed. Judgment affirmed.

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