Legal Opinion

Lake Shore & M. S. Ry. Co. v. Dylinski

Appellate Court of Illinois

Decided December 14, 1896PublishedCited by 8 opinions

Action for Damages.—Death from negligence. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding.

1Opinion of the CourtJustice Gary

The appellee is the administrator of Joseph Dylinski, who was a laborer for the appellant, and was killed on the road on the morning of September 26, 1892.

He, with two companions, had, for something more than two months, worked for the appellant on the tracks westward several miles from South Chicago, where they resided. They went to, and returned from, their labor upon a handcar. It was a necessity of that mode of conveyance that they should be on the watch for, and get out of the way of, a train approaching from behind, as they ran the handcar upon that track of a double track upon which…

2Cited by8 opinions

  1. Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
  2. Korb v. Bridgeport Gas Light Co.Supreme Court of Connecticut · 1917
  3. Janes v. Sackman Bros. Co.Court of Appeals for the Second Circuit · 1949
  4. Smith v. Eureka Pipe Line Co.West Virginia Supreme Court · 1940
  5. Lindsay v. Chicago, R. I. & P. Ry. Co.Supreme Court of Oklahoma · 1916

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