Legal Opinion

Eckels v. Muttschall

Illinois Supreme Court

Decided October 23, 1907PublishedCited by 19 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action on the case commenced by Charles Muttschall against the West Chicago Street Railroad Company and James H. Eckels and two others, as receivers of the Chicago Union Traction Company, in the superior court of Cook county, to recover damages for a personal injury alleged to have been sustained by plaintiff in consequence of his being thrown to the pavement from a one-horse, two-seated open surrey in which…

1Opinion of the CourtChief Justice Hand

The first contention of the appellants is that the court erred in overruling their motion in arrest of judgment, on the ground that the West Chicago Street Railroad Company and said receivers of the Chicago Union Traction Company were improperly joined as defendants in said action, as it is said a joint judgment cannot properly be rendered against said defendants, as the judgment against the West Chicago Street Railroad Company should be against said railroad company personally, and the judgment against said receivers of the Chicago Union Traction Company should not be against said receivers…

2Cases cited4 opinions

  1. North Chicago Electric Railway Co. v. PeuserIllinois Supreme Court · 1901
  2. City of Chicago v. McNallyIllinois Supreme Court · 1907
  3. Chicago City Railway Co. v. AllenIllinois Supreme Court · 1897
  4. Chicago Union Traction Co. v. LeachIllinois Supreme Court · 1905

3Cited by19 opinions

  1. Greinke v. Chicago City Railway Co.Illinois Supreme Court · 1908
  2. Lerette v. Director General of RailroadsIllinois Supreme Court · 1922
  3. Grifenhan v. Chicago Railways Co.Illinois Supreme Court · 1921
  4. Williams Bros. Grocery Co. v. BlantonCourt of Appeals of Georgia · 1962
  5. Henning v. SampsellIllinois Supreme Court · 1908

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