Toledo, Wabash & Western Railway Co. v. O'Connor
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding. This was an action on the case, bv Mary O’Connor, administratrix of the estate of Timothy O’Connor, deceased, against the Toledo, Wabash and Western Railway Company. The material'facts appear in the opinion.
1Opinion of the CourtChief Justice Walker
On a trial in the court below, the jury found a verdict in favor of plaintiff, and assessed her damages at $2000. Defendant thereupon entered a motion for a new trial, which was overruled, and judgment rendered on the verdict. The defendant appealed, and the record is brought to this court, and a reversal is sought on several grounds.
It appears that the husband of appellee was employed by the company as a laborer, in leveling the track and fastening rails on the ties, and in making other repairs to the road, on a section extending from the city of Decatur towards St. Louis. On the day of his…
2Cases cited1 opinion
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. KnutsonIllinois Supreme Court · 1873
3Cited by14 opinions
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- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Karl L. Pomer and Claire L. Pomer v. Dennis Schoolman and James King, Counterplaintiffs-Appellants v. Deere & Company, Counterdefendant-AppelleeCourt of Appeals for the Seventh Circuit · 1989
- Union Pacific Railway Co. v. RassmussenNebraska Supreme Court · 1889
- Anest v. Columbia & Puget Sound RailroadWashington Supreme Court · 1916
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