Legal Opinion

Chicago, Burlington & Quincy Railroad v. Murowski

Illinois Supreme Court

Decided April 17, 1899PublishedCited by 32 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding. This was an action brought by Anton Murowski to recover damages for a personal injury received on the 11th day of July, 1893, in the city of Chicago, at a place known as Oakley avenue, immediately north of the gate of the McCormick Reaper Works.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding. This was an action brought by Anton Murowski to recover damages for a personal injury received on the 11th day of July, 1893, in the city of Chicago, at a place known as Oakley avenue, immediately north of the gate of the McCormick Reaper Works. Oakley avenue is a paved highway running north and south. It terminates at the south opposite the north gate of the McCormick Reaper Works. The reaper works were enclosed by a…

1Per curiam

The judgment of the Appellate Court affirming the judgment of the superior court settled all controverted questions of fact against appellant, and under our statute no assignment of error shall be allowed which calls in question the determination of the Appellate Court on controverted questions of fact.

On the trial the defendant requested the court to give the following instruction:

14. “The court instructs the jury that if they believe, from the evidence, that the plaintiff, at the time he was struck, was a trespasser upon the defendant’s right of way, then the jury must find the issues for…

2Cases cited2 opinions

  1. Cicero & Proviso Street Railway Co. v. MeixnerIllinois Supreme Court · 1896
  2. Peirce v. WaltersIllinois Supreme Court · 1897

3Cited by32 opinions

  1. Brown v. Illinois Terminal Co.Illinois Supreme Court · 1925
  2. Illinois Central Railroad v. LeinerIllinois Supreme Court · 1903
  3. Baltimore & O. R. Co. v. FelgenhauerCourt of Appeals for the Eighth Circuit · 1948
  4. Illinois Central Railroad v. O'ConnorIllinois Supreme Court · 1901
  5. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. SimonsIndiana Supreme Court · 1907

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