Legal Opinion

Rosenthal v. Chicago & Alton Railroad

Appellate Court of Illinois

Decided May 26, 1911Published

Action in ease for death caused by alleged wrongful act. Appeal from the Circuit Court of Logan county; the Hon. T. M. Harris, Judge, presiding. Heard in this court at the November term, 1910.

1Opinion of the Court

Mr. Presiding Justice Ptjterbatjgh

delivered the opinion of the court.

This is an appeal hy the defendant from a judgment for $2500 recovered in an action brought by the executors of the will of Silas Rosenthal, deceased, against the Chicago & Alton Railroad Company. The declaration charges that the defendant, on December 7, 1909, drove a certain engine with a tender attached thereto, over Pulaski street in the city of Lincoln, without having given the statutory warning by bell and whistle; that on said day there was in effect in said city a certain ordinance which provided that “at the…

2Cases cited6 opinions

  1. Terre Haute & Indianapolis Railroad v. VoelkerIllinois Supreme Court · 1889
  2. Chicago & Alton Railway Co. v. AverillIllinois Supreme Court · 1906
  3. Chicago & Alton Railway Co. v. AverillAppellate Court of Illinois · 1906
  4. Schmalfeld v. Peoria & Eastern Railway Co.Appellate Court of Illinois · 1910
  5. Perkins v. Wabash RailroadIllinois Supreme Court · 1908

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