Chicago, Milwaukee & St. Paul Railway Co. v. Staff
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This was an action to recover damages arising from the death of one George Staff, a minor, who was struck and killed by a train belonging to appellant, at the intersection of Horth Halsted and Division streets, in the city of Chicago, in Eovember, 189Q. Among the acts of negligence charged, were that the defendant negligently failed to give due and timely warning, by means of whistles…
Read the full summary
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This was an action to recover damages arising from the death of one George Staff, a minor, who was struck and killed by a train belonging to appellant, at the intersection of Horth Halsted and Division streets, in the city of Chicago, in Eovember, 189Q. Among the acts of negligence charged, were that the defendant negligently failed to give due and timely warning, by means of whistles and bells, of the approach of the trains; that the defendant negligently ran its trains at a rate of speed prohibited by…
1Opinion of the CourtJustice Waterman
The finding of the coroner’s jury, introduced in evidence, that the railroad company is responsible, etc., can not hav.e failed to be highly prejudicial to the defendant.
That the conclusions of a tribunal in a matter wherein a party had no opportunity either to influence its determination, or to have prevented his adversary from doing so, ought not to be adduced as evidence against him, seems too clear for discussion.
The first maxim in the administration of the law is aAudi alterampa/rtem” or, as expressed in Broom’s Legal Maxims, “Ho man should be condemned unheard.”
To permit the conclusions…
2Cases cited2 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. McGrathIllinois Supreme Court · 1885
- Lake Shore & Michigan Southern Railway Co. v. TaylorAppellate Court of Illinois · 1892
3Cited by2 opinions
- Cox v. Chicago & N. W. Ry. Co.Appellate Court of Illinois · 1900
- Roloff v. Luer Bros. Packing & Ice Co.Appellate Court of Illinois · 1910