Legal Opinion

Kuhn v. Illinois Central Railroad

Appellate Court of Illinois

Decided November 9, 1903PublishedCited by 5 opinions

Action on the case against a railroad company to recover damages to personal property for allowing smoke, etc., to escape from its premises. Appeal from the Circuit Court of Champaign County; the Hon. Solon i Philbrick, Judge, presiding. Heard in this court at the May term, 1903.

1Opinion of the Court

Mr. Presiding! Justice Brown

delivered the opinion of the court.

This is an action on the case by appellants against appellee, to recover damages for allowing smoke, gas, soot, cinders, etc., to escape from the roundhouse of appellee so as to damage the merchandise of appellants. At the close of all the evidence, the court directed a verdict in favor of the defendant. After a motion for a new trial was overruled, the court rendered judgment against the plaintiffs in bar of the action and for costs. The plaintiffs bring the case to this court by appeal.

The declaration alleges that the plaintiffs…

2Cases cited2 opinions

  1. Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
  2. Bromley v. PeopleIllinois Supreme Court · 1894

3Cited by5 opinions

  1. American State Bank v. County of WoodfordAppellate Court of Illinois · 1978
  2. Foster v. University Lumber Co.Oregon Supreme Court · 1913
  3. Schultz v. RichieAppellate Court of Illinois · 1986
  4. O'Connor v. Aluminum Ore Co.Appellate Court of Illinois · 1922
  5. Bovey v. StateCourt of Claims of Illinois · 1955

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