Illinois Central R. R. v. McNicholas
Appellate Court of Illinois
' Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding.
Read the full summary
' Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900. Statement. — This was an action for personal injuries brought by the plaintiff, John McNicholas, against the Illinois Central Railroad Company, which resulted, upon a trial, in a verdict and judgment for $1,000. Appellee, on the 31st of December, 1896, was employed asa section man and track walker of this railroad company, his work being between Ninety-fifth street and One Hundred and Third street,…
1Opinion of the CourtJustice Shepard
Under the circumstances disclosed by the evidence the questions whether the defendant was guilty of negligence in the operation of its train, and whether the plaintiff was guilty of contributing to the injury received by him, because of his manner of performing the duty he was engaged in, were for the jury to determine. All these matters were determined by the jury on evidence that was in all controlling respects, essentially conflicting, and if there were no substantial error of law committed in the trial the verdict should not be disturbed.
As to errors of law, the appellant lays particular…
2Cases cited3 opinions
- Wabash Railway Co. v. BrownIllinois Supreme Court · 1894
- Chicago & Iowa Railroad v. LaneIllinois Supreme Court · 1889
- Chicago & Eastern Illinois R. R. v. DriscollAppellate Court of Illinois · 1897
3Cited by2 opinions
- Leach v. DurkinAppellate Court of Illinois · 1901
- American Family Mutual Insurance Company v. MorizzoDistrict Court, N.D. Illinois · 2022