Legal Opinion

Gerke v. Fancher

Appellate Court of Illinois

Decided March 23, 1894PublishedCited by 4 opinions

Memorandum.—Action for personal injuries. Appeal from the City Court of East St. Louis; the Hon. B. H. Canby, Judge, presiding. Heard in this court at the August term, 1893, and affirmed.

Read the full summary

Memorandum.—Action for personal injuries. Appeal from the City Court of East St. Louis; the Hon. B. H. Canby, Judge, presiding. Heard in this court at the August term, 1893, and affirmed. Appellee? s instruction, the giving of which is assigned for error: The court instructs the jury that if they believe from the evidence that prior to, and on the 15th day of February, 1892, the defendant was engaged in the coal business, and had servants and coal teams engaged in hauling and transferring coal in and from the railroad coal yards of the St. Louis, Alton & Terre Haute Railroad Company, in the…

1Opinion of the CourtJustice Scofield

The questions presented by this record are such as to render a detailed statement of the evidence unnecessary and therefore unprofitable. It is sufficient to say that the suit was brought by John Fancher, a switchman, who was riding on the side of a moving car at night, and was injured by a heavy board which the servants of appellant had used at the railroad track to raise a wagon loaded with coal out of the mud where it was mired, and which board, according to appellee’s claim, had been negligently left by appellant’s servants, with one end stuck fast in the mud and the other elevated in the…

2Cases cited2 opinions

  1. Chicago & Eastern Illinois Railroad v. HinesIllinois Supreme Court · 1890
  2. Louisville, Evansville & St. Louis Consolidated R. R. v. HawthornIllinois Supreme Court · 1893

3Cited by4 opinions

  1. De Stefano v. MilesAppellate Court of Illinois · 1932
  2. Consolidated Coal Co. of St. Louis v. SchneiderAppellate Court of Illinois · 1896
  3. Meixsell v. RichAppellate Court of Illinois · 1896
  4. Sobina v. BusbyAppellate Court of Illinois · 1965

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API