Legal Opinion

Chicago, R. I. & P. Ry. Co. v. Burke

Appellate Court of Illinois

Decided April 4, 1902PublishedCited by 1 opinion

Trespass on the Case.—Death from alleged negligence. . Appeal from the Circuit Court of Cook County: the Hon. Farlin Q. Ball, Judge, presiding.

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Trespass on the Case.—Death from alleged negligence. . Appeal from the Circuit Court of Cook County: the Hon. Farlin Q. Ball, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. About nine o’clock in the morning of the 3d of May, 1897, Annie Hart, the deceased, a child nine years of age, and her sister, Isabella Hart, younger than Annie, were walking westward at the intersection of Canal and Grove streets, in the city of Chicago, when Annie was killed by coining in contact with one of appellant’s trains proceeding at from four to five miles an hour. Annie and her…

1Opinion of the CourtJustice Waterman

Whether the deceased was struck by the front of the train or by some portion thereof, after the engine had passed, as whether the engine bell was ringing before and at the time of the accident, were, upon the trial, disputed 'questions.

Some of plaintiff’s witnesses testified that the engine drawing the train was proceeding with its tender in front, others that the engine preceded the tender.

Four employes of appellant were upon the engine. Some of these testified that the bell was ringing, as at a Street crossing it should have been; another that he could not tell because he was used to its…

2Cases cited10 opinions

  1. City of Chicago v. ScholtenIllinois Supreme Court · 1874
  2. Rockford, Rock Island & St. Louis R. R. v. DelaneyIllinois Supreme Court · 1876
  3. Graham v. Consolidated Traction Co.Supreme Court of New Jersey · 1899
  4. Graham v. Consolidated Traction Co.Supreme Court of New Jersey · 1898
  5. North Chicago Street Railroad v. WrixonAppellate Court of Illinois · 1894

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3Cited by1 opinion

  1. Kaiserman v. BrightAppellate Court of Illinois · 1978

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