United States Rolling Stock Co. v. Wilder
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This action was brought in the Superior Court of Cook county, by Conrad Wilder, the appellee, against the United States Bolling Stock Company, the appellant, to recover damages for the loss of the plaintiff’s hand, which is alleged to have been occasioned by the negligence of the company in retaining in its employ an incompetent and unskillful engineer, after notice of such unskillfulness and incompetency. There was a trial…
1Opinion of the CourtChief Justice Mulkey
This cause is now before us the second time for consideration. When first before us, the conclusion was reached that the Appellate Court properly affirmed the judgment of the trial court, and a short opinion was filed to that effect. A rehearing was subsequently granted on the ground some of the members of the court were in doubt as to whether the trial court did not err in striking out the concluding words of the defendant’s fifth instruction. That instruction tells the jury there can be no recovery in the case “unless the jury find, from the evidence, that the engineer in charge of the…
2Cases cited4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. ClarkIllinois Supreme Court · 1883
- Stafford v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1885
- McNair ex rel. White v. PlattIllinois Supreme Court · 1867
- Keeler v. StuppeIllinois Supreme Court · 1877
3Cited by29 opinions
- Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Klofski v. Railroad Supply Co.Illinois Supreme Court · 1908
- National Syrup Co. v. CarlsonIllinois Supreme Court · 1895
- Chicago & Alton Railroad v. MaroneyIllinois Supreme Court · 1897
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