Legal Opinion

Ohio & Mississippi Railway Co. v. Stratton

Illinois Supreme Court

Decided June 15, 1875PublishedCited by 17 opinions

Appeal from the Circuit Court of Marion county; the Hon. Amos Watts, Judge, presiding. This was an action on the case, by the appellee, against the appellant, to recover damages for personal injuries alleged to have been caused by negligence on the part of the defendant. The opinion of the court gives a statement of the facts.

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Appeal from the Circuit Court of Marion county; the Hon. Amos Watts, Judge, presiding. This was an action on the case, by the appellee, against the appellant, to recover damages for personal injuries alleged to have been caused by negligence on the part of the defendant. The opinion of the court gives a statement of the facts. The jury returned a verdict in favor of the plaintiff for $6000, upon which the court rendered judgment, overruling a motion by the defendant for a new trial.

1Opinion of the CourtChief Justice Scott

When plaintiff was injured, he was but ten years old. That was in 1863. He had just arrived from St. Louis. His father, in whose care he was while in the city, desired to leave for Salem by the evening express train on defendant’s road. That train, it was known, did not usually stop at Salem, but on inquiry of the division superintendent, it was ascertained it would stop that night. Accordingly, he procured passage for himself and son. On their arrival at Salem, in attempting to leave the cars, plaintiff was in some way thrown or fell under the moving cars, and had both legs so badly crushed…

2Cases cited2 opinions

  1. Chicago & Alton Railroad v. RandolphIllinois Supreme Court · 1870
  2. Illinois Central Railroad v. SlattonIllinois Supreme Court · 1870

3Cited by17 opinions

  1. Chicago City Railway Co. v. WilcoxIllinois Supreme Court · 1891
  2. Neff v. City of CameronSupreme Court of Missouri · 1908
  3. Stillson v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
  4. Jewell v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1882
  5. Winters v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889

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