Legal Opinion

New Ohio Washed Coal Co. v. Hindman

Appellate Court of Illinois

Decided March 17, 1905PublishedCited by 2 opinions

Action on the case for negligence. Appeal from the Circuit Court of Williamson County; the Hon Warren W. Duncan, Judge, presiding.

1Opinion of the CourtJustice Myers

This is an action on the case for negligence. The declaration contains three counts, all of which are substantially the same. It is alleged that defendant owns and operates a coal mine near Carterville, Illinois, from which it mines and markets large quantities of coal; that the defendant also owns and operates a certain railroad track extending from its coal mine about an eighth of a mile on a down grade to a certain switch, and that it was the custom of the defendant to load coál cars at the mine and send them down this track to he weighed and set out on said switch for shipment to market;…

2Cases cited5 opinions

  1. Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
  2. Chicago, Burlington & Quincy Railroad v. AveryIllinois Supreme Court · 1884
  3. State, Ex Rel. Smilack v. BushongOhio Court of Appeals · 1952
  4. Chicago & Alton Railroad v. WiseIllinois Supreme Court · 1903
  5. Bohannon v. TaylorOhio Court of Appeals · 1936

3Cited by2 opinions

  1. Porter v. Terminal Railroad Ass'n of St. LouisAppellate Court of Illinois · 1946
  2. Allen v. Larabee Flour Mills Corp. & Union Terminal Railway Co.Supreme Court of Missouri · 1931

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