Legal Opinion

Southern Railway Co. v. Lambert

Appellate Court of Illinois

Decided September 9, 1904PublishedCited by 1 opinion

Action on the case for personal injuries. Appeal from the Circuit Court of Wabash County; the Hon. Enoch E. Newlin, Judge, presiding. Heard in this court at the February term, 1904.

1Opinion of the CourtJustice Higbee

In the spring of 1902 appellant was engaged in ballasting portions of its road-bed, with a material called chat. The chat was brought from a distance in train loads, and when it reached the place where it was to be used, part of the cars were sidetracked and the balance hauled out on the track where it was unloaded by shovelers. The shovelers would then leave the train and proceed to distribute the ballast while the train crew -removed the empty cars and brought in other loaded ones. On the morning of May 26 of said year, the work of ballasting the track ivas being carried on by appellant…

2Cases cited4 opinions

  1. Abend v. Terre Haute & Indianapolis RailroadIllinois Supreme Court · 1884
  2. Lovenguth v. City of BloomingtonIllinois Supreme Court · 1874
  3. Homersky v. Winkle Terra Cotta Co.Illinois Supreme Court · 1899
  4. Wabash Railroad v. PropstAppellate Court of Illinois · 1900

3Cited by1 opinion

  1. Baltimore & Ohio Southwestern Railroad v. ArnoldAppellate Court of Illinois · 1905

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