Illinois Central R. R. v. Prickett
Appellate Court of Illinois
Trespass on the Case.—Death from negligent act. Appeal from the Circuit Court of Marion County; the Hon. William M. Farmer, Judge presiding. Heard in this court at the February term, 1903.
1Opinion of the CourtJustice Worthington
The evidence tends to show, without conflict, that the deceased was a sober, careful and competent engineer. There is nothing to indicate that prior to and at the time of the explosion, he was negligent or improperly discharging his duties. There is no question of contributory negligence. Two issues of fact remain to be determined. These are. was the engine furnished by appellant “ reasonably safe ” ? If it was not, had appellant exercised reasonable care to furnish a reasonably safe engine ?
At 6:18 a. m., May 17th, the engine was turned over to the deceased by the hostler in charge at…
2Cases cited6 opinions
- Chicago, Burlington & Quincy Railroad v. GundersonIllinois Supreme Court · 1898
- Illinois Central Railroad v. PhillipsIllinois Supreme Court · 1868
- Dallemand v. SaalfeldtIllinois Supreme Court · 1898
- Toledo, Wabash & Western Railway Co. v. MooreIllinois Supreme Court · 1875
- Illinois Central Railroad v. HouckIllinois Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Elvis v. Lumaghi Coal Co.Appellate Court of Illinois · 1908
- Howard v. Chicago & Alton RailroadAppellate Court of Illinois · 1913
- McInerney v. Western Packing & Provision Co.Appellate Court of Illinois · 1910