Chicago & Northwestern Railway Co. v. Fillmore
Illinois Supreme Court
Appeal from the Circuit Court of McHenry county; the Hon. Theodore D. Murphy, Judge, presiding. This was an action brought by Fillmore against the Chicago & Northwestern Eailway Company, to recover for injuries to the plaintiff, occasioned by the alleged negligence of the defendants. The plaintiff recovered a verdict, upon which judgment was rendered. The defendants appeal.
1Opinion of the CourtJustice Thornton
On the l-2th of October, 1868, appellee, in attempting to get on the train of the railway company, at its depot in Elgin, fell through an uncovered bridge, which was under the control of appellants, and was seriously injured.
As the case must be reversed, we shall not discuss the negligence of the one party or the other.
There was error in allowing the declarations of the conductor of the train, made after the accident had happened, to be introduced to the jury. He was a competent witness, and should have been called by appellee. The danger of the bridge and the responsibility of the company,…
2Cited by10 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Conklin v. Consolidated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Toledo, St. Louis & Kansas City Railroad v. HauckIndiana Court of Appeals · 1893
- Wabash Railroad v. FarrellAppellate Court of Illinois · 1898
- Chicago City Railway Co. v. WhiteAppellate Court of Illinois · 1903
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