Legal Opinion

Chicago & Alton Railroad v. Adler

Illinois Supreme Court

Decided June 15, 1889PublishedCited by 13 opinions

Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Will county; the Hon. George W. Stipp, Judge, presiding. Albert Adler, administrator of William Beuck, deceased, brought this action in the Will circuit court, against the Chicago and Alton Eailroad Company, to recover damages for the death of the deceased, charged to have been caused by the negligence of the company.

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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Will county; the Hon. George W. Stipp, Judge, presiding. Albert Adler, administrator of William Beuck, deceased, brought this action in the Will circuit court, against the Chicago and Alton Eailroad Company, to recover damages for the death of the deceased, charged to have been caused by the negligence of the company. The injury of which Beuck died was received at a public crossing in the city of Joliet. Deceased was riding in a top buggy drawn by a single horse, and was passing,…

1Opinion of the CourtChief Justice Shope

The first ground for reversal insisted upon is, “the court erred in refusing to give the first, second and third instructions for defendant.” The first instruction referred to is as follows:

“The jury is instructed, that under the law as applied to the facts of this case, as developed by a consideration of all the evidence, the plaintiff is not entitled to recover, and the jury will so find.”

The rule is, that where the evidence given at the trial, with all legitimate inferences that may legally and justifiably be drawn therefrom, is insufficient to support a verdict for the plaintiff, so that…

2Cases cited2 opinions

  1. Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
  2. Chicago, St. Louis & Pittsburg Railroad v. HutchinsonIllinois Supreme Court · 1887

3Cited by13 opinions

  1. Goldie v. WernerIllinois Supreme Court · 1894
  2. D. Cleghorn v. ThompsonSupreme Court of Kansas · 1901
  3. Illinois Central Railroad v. BatsonAppellate Court of Illinois · 1899
  4. Deheave v. HinesAppellate Court of Illinois · 1920
  5. Doering v. Peoria & Pekin Union Railway Co.Appellate Court of Illinois · 1915

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