Cogswell v. Norfolk Western Ry. Co.

2 Citing cases

  1. Williams v. Alfred N. Koplin Co.

    114 Ill. App. 3d 482 (Ill. App. Ct. 1983)   Cited 32 times
    Pleading deficiency is waived where the party fails to object to the theory advanced by the opponent in response to the motion for summary judgment

    Although no independent duty exists upon a landlord to shovel a natural accumulation of snow on his property, liability can arise from the negligent performance of a voluntary undertaking. (See Nelson v. Union Wire Rope Corp. (1964), 31 Ill.2d 69, 74, 199 N.E.2d 769; Cogswell v. Norfolk Western Ry. Co. (1976), 43 Ill. App.3d 444, 448, 357 N.E.2d 217.) Also, in Pippin v. Chicago Housing Authority (1979), 78 Ill.2d 204, 399 N.E.2d 596, our supreme court held that the Chicago Housing Authority, which owed no duty by statute or common law to protect its tenants from criminal acts, may impose liability upon itself when it voluntarily undertakes the hiring of a firm to provide security services, but performs the undertaking negligently, if the negligence is the proximate cause of the injury.

  2. Pasierb v. Hanover Park Park District

    103 Ill. App. 3d 806 (Ill. App. Ct. 1981)   Cited 18 times
    Finding creek unreasonably dangerous because its existence concealed by layers of ice and snow

    But to have prevented the death of the child in this case, his parents would have been compelled to teach him that wherever he steps in a park there may be lurking, hidden from view, a creek or ditch underfoot. Even an adult, however, may recover from a landowner for failing to warn of or make safe a hidden dangerous condition on the land which causes him injury. (See Geraghty v. Burr Oak Lanes, Inc. (1955), 5 Ill.2d 153, 125 N.E.2d 47; Cogswell v. Norfolk Western Ry. Co. (1976), 43 Ill. App.3d 444, 357 N.E.2d 217.) Accordingly, we hold that the present complaint alleges a sufficiently dangerous condition to trigger a landowner's duty to children on the premises.