Legal Opinion

Chicago Junction Ry. Co. v. McGrath

Appellate Court of Illinois

Decided February 26, 1903PublishedCited by 2 opinions

Trespass on the Case.—Death from negligent act. Appeal from the Superior Court of Cook County; the Hon. Theodore Brent ano, Judge presiding. Heard in this court at the March term, 1902. This action was brought against appellant to recover damages for negligently causing the death of William McGrath, who, at the time, was employed by the Weaver Coal Company as a teamster.

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Trespass on the Case.—Death from negligent act. Appeal from the Superior Court of Cook County; the Hon. Theodore Brent ano, Judge presiding. Heard in this court at the March term, 1902. This action was brought against appellant to recover damages for negligently causing the death of William McGrath, who, at the time, was employed by the Weaver Coal Company as a teamster. The yards of this company extend along the south line of Fortieth street, in the city of Chicago, a distance of two blocks, from Wentworth avenue on the east to Hopkins street on the west. Through the center of this yard a…

1Opinion of the Court

Mr. Presiding Justice Ball

delivered the opinion of the court.'

On the day William McGrath was killed appellant Avas engaged in setting loaded coal cars upon a track in the yard of the Weaver Coal Company. It placed three loaded cars on that track in such position that they stood across Atlantic street, completely blocking the passage. The train was then moved to the west, and an empty car was set out on another track. Then, by a flying switch, two loaded coal cars were sent east along the track on which the other three cars stood. Ho one was in charge of or on these moving cars. They were…

2Cases cited9 opinions

  1. Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
  2. Lake Shore & Michigan Southern Railway Co. v. JohnsenIllinois Supreme Court · 1891
  3. Chicago, Burlington & Quincy Railroad v. MurowskiIllinois Supreme Court · 1899
  4. McWilliams v. Detroit Central Mills Co.Michigan Supreme Court · 1875
  5. McDaniels v. McDanielsSupreme Court of Vermont · 1867

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3Cited by2 opinions

  1. Chicago Terminal Transfer Co. v. HelbregAppellate Court of Illinois · 1905
  2. Balsewicz v. Chicago, Burlington & Quincy Railway Co.Appellate Court of Illinois · 1908

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