Legal Opinion

Toledo, St. Louis & Western Railroad v. Smart

Appellate Court of Illinois

Decided October 14, 1904PublishedCited by 1 opinion

Action on the case for death caused by alleged wrongful act. Appeal from the Circuit Court of Shelby County; the Hon. Samuel L. Dwight, Judge, presiding. Heard in this court at the May term, 1904.

1Opinion of the CourtJustice Puterbaugh

This is an action in case brought by appellee against appellant for the recovery of damages for causing the-death of appellee’s intestate, Allen T. Smart, Avho was -killed by one of appellant’s trains, at the intersection of East street and appellant’s right of way in the village of Herrick, Shelby count}’, Illinois. A trial of the cause resulted in a judgment for appellee for §1,250, from Avhich the defendant appeals.

The declaration consists of three counts, the first alleging the defendant’s failure to give the statutory signals by bell or whistle; the second, excessive speed, obstruction…

2Cases cited2 opinions

  1. True & True Co. v. WodaIllinois Supreme Court · 1903
  2. Partlow v. Illinois Central RailroadIllinois Supreme Court · 1894

3Cited by1 opinion

  1. Pittsburg, C., C. & St. L. Ry. Co. v. GatesAppellate Court of Illinois · 1907

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