Legal Opinion

Chicago & Alton R. R. v. Murray

Illinois Supreme Court

Decided January 15, 1872PublishedCited by 18 opinions

Appeal from the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. The court gave the following instructions at the request of the appellee: 1. The jury are instructed by the court, on behalf of the plaintiff, that the defendant is liable for the misconduct, wrongful acts, negligence, or default of all or any of its officers, agents, servants, or employees, when proved, acting in the line of its business or employment. 2. The jury are further…

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Appeal from the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. The court gave the following instructions at the request of the appellee: 1. The jury are instructed by the court, on behalf of the plaintiff, that the defendant is liable for the misconduct, wrongful acts, negligence, or default of all or any of its officers, agents, servants, or employees, when proved, acting in the line of its business or employment. 2. The jury are further instructed, that Ellen Murray had a lawful right to be upon Chestnut Street, and to cross the defendant’s railroad at any…

1Opinion of the CourtJustice Scott

This is an action on the case, brought by the appellee against the appellant for personal injuries. At the time the appellee received the injuries complained of, she was about seven and one-half years old. In attempting to cross the several tracks of appellant’s road, five or six in number, where the same pass over Chestnut Street, in the city of Blooming-ton, she was struck and run over by an engine, by which one leg was severed from the body, and one hand crushed.

In regard to the comparative negligence of the respective parties in the transaction which resulted in the injuries to the…

2Cases cited6 opinions

  1. Chicago & Rock Island Railroad v. StillIllinois Supreme Court · 1858
  2. St. Louis, Alton & Terre Haute R. R. v. ManlyIllinois Supreme Court · 1871
  3. Chicago & Alton R. R. v. GretznerIllinois Supreme Court · 1867
  4. Chicago, Burlington & Quincy Railroad v. PayneIllinois Supreme Court · 1869
  5. Ohio & Mississippi Railway Co. v. EavesIllinois Supreme Court · 1866

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3Cited by18 opinions

  1. Chicago City Railway Co. v. TuohyIllinois Supreme Court · 1902
  2. Weick v. LanderIllinois Supreme Court · 1874
  3. Chicago City Railway Co. v. CanevinAppellate Court of Illinois · 1897
  4. Wabash Railroad v. HenksIllinois Supreme Court · 1878
  5. Peters v. MadiganAppellate Court of Illinois · 1931

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