Legal Opinion

Upthegrove v. Chicago Great Western Railroad

Appellate Court of Illinois

Decided October 13, 1911No. Gen. No. 5474PublishedCited by 1 opinion

Action in case for personal injuries. Appeal from the Circuit Court of Jo Daviess county; the Hon. Richard S. Farrand, Judge, presiding. Certiorari denied by Supreme Court (making opinion final).

1Opinion of the CourtJustice Dibell

Upthegrove was head brakeman on a freight train, Extra No. 272, going east on the Chicago Great Western Bailroad, and was riding on the engine on September 5, 1907. The conductor and engineer had been ordered to reduce speed to fifteen miles per hour at the west switch at Fox station, but as the engine went around a curve some distance west of that switch it was flagged. The engineer failed to stop the train and further progress around the curve revealed a dump car standing on the main track with a heavy-iron upon it. Upthegrove saw that a collision was inevitable and jumped from the engine.…

Also in this document: Per curiam.

2Cases cited4 opinions

  1. Krieger v. Aurora, Elgin & Chicago RailroadIllinois Supreme Court · 1909
  2. Kennedy v. Swift & Co.Illinois Supreme Court · 1908
  3. Cromer v. Borders Coal Co.Illinois Supreme Court · 1910
  4. Upthegrove v. Chicago Great Western Railway Co.Appellate Court of Illinois · 1910

3Cited by1 opinion

  1. Bolle v. Chicago & Northwestern Railway Co.Appellate Court of Illinois · 1930

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