New York, Chicago & St. Louis Railroad v. Luebeck
Illinois Supreme Court
Appeal from file Appellate Court for the First District; — heard iu that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This was an action by appellee, by his next friend, begun in the circuit court of Cook county, against appellant, for injuries alleged to have been received by being struck by one of the freight trains of appellant at the Fifty-third street crossing, in the town of Lake.
Read the full summary
Appeal from file Appellate Court for the First District; — heard iu that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This was an action by appellee, by his next friend, begun in the circuit court of Cook county, against appellant, for injuries alleged to have been received by being struck by one of the freight trains of appellant at the Fifty-third street crossing, in the town of Lake. The declaration contains three counts, the first charging negligence and improper conduct of defendant and its servants in the management of its train; the…
1Opinion of the CourtJustice Phillips
One of the errors assigned on the record is, that the trial court admitted improper testimony on the part of appellee. Edward Luebeck, a brother of appellee, and whose place of business was east of the railroad tracks, was called as a witness, and asked if he knew where plaintiff was going at the time of the accident. His answer was, “Yes, I sent him to get some glass at Went-worth avenue.” Motion was made by appellant to strike out the answer, but the court permitted it to stand, to which exception was taken by appellant. Three witnesses who observed the accident had testified that appellee…
2Cases cited7 opinions
- Morse v. CrawfordSupreme Court of Vermont · 1845
- Rutherford v. MorrisIllinois Supreme Court · 1875
- National Syrup Co. v. CarlsonIllinois Supreme Court · 1895
- Chicago & Iowa Railroad v. LaneIllinois Supreme Court · 1889
- Illinois Central Railroad v. KanouseIllinois Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Chicago, Rock Island & Pacific Railway Co. v. DurandSupreme Court of Kansas · 1902
- Cleveland, C., C. & St. L. R. R. v. ChinskyAppellate Court of Illinois · 1900
- Quincy Gas & Electric Co. v. BaumanAppellate Court of Illinois · 1902
- Brzozowski v. National Box Co.Appellate Court of Illinois · 1902
- Chicago & A. R. R. v. HardieAppellate Court of Illinois · 1899
3 more not listed; retrieve them via the Exa API.