Northwestern El. R. R. v. O'Malley
Appellate Court of Illinois
Trespass upon the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge presiding. Heard in the Branch Appellate Court at the March term, 1903.
1Opinion of the CourtJustice Burke
A reversal of the judgment in this case is sought upon the ground, among others, that the court erred in refusing to instruct the jury to return a verdict for the appellant.
Appellee, eight years of age, was at the time of the injury with other boys under appellant’s railroad structure then in course of construction, situated upon its private right of way, and upon which structure some workmen were engaged in laying either rails or ties. While on said right of way, the boy was injured by being struck with a piece of iron which fell from the structure.
There is some conflict in the evidence as…
2Cases cited6 opinions
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Union Stock Yards & Transit Co. v. RourkeAppellate Court of Illinois · 1882
- Western & Atlantic Railroad v. RogersSupreme Court of Georgia · 1898
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3Cited by13 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. PowersIndiana Supreme Court · 1909
- West v. FaurboAppellate Court of Illinois · 1978
- Gainesville & Gulf Railroad v. PeckSupreme Court of Florida · 1908
- Gasch v. RoundsWashington Supreme Court · 1916
- Clark v. City of HuntingtonIndiana Court of Appeals · 1920
8 more not listed; retrieve them via the Exa API.