Illinois Central Railroad v. Gilbert
Illinois Supreme Court
Appeal from the 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 is an action by the administrator of Charles F. Gilbert, who was seventeen years old at the time of his death, to recover damages because of alleged negligence of appellant, causing the death of the intestate.
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Appeal from the 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 is an action by the administrator of Charles F. Gilbert, who was seventeen years old at the time of his death, to recover damages because of alleged negligence of appellant, causing the death of the intestate. The facts, as shown by the witnesses called by both parties, and which are wholly uncontradicted, are these: At the Twenty-seventh street shops of the Illinois Central Railroad Company there were six main…
1Opinion of the CourtJustice Phillips
The refusal of the first and fifteenth instructions asked by the defendant presents to this court the question as to whether, under the facts in this record, the plaintiff was entitled to recover because of any negligence on the part of the defendant, and whether the intestate exercised due care and caution for his own safety. The number of tracks running parallel with that on which the intestate was killed, the number of trains passing each way at about the time of the injury, and the fact that a great many men were liable to be ordered from the shops to roll wheels from the repair shops to…
2Cases cited4 opinions
- Chicago, Burlington & Quincy Railroad v. PayneIllinois Supreme Court · 1871
- Chicago, Burlington & Quincy Railroad v. HarwoodIllinois Supreme Court · 1875
- Chicago & Northwestern Railway Co. v. DimickIllinois Supreme Court · 1880
- Chicago, Milwaukee & St. Paul Railway Co. v. DowdIllinois Supreme Court · 1886
3Cited by29 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
- Village of Altamont v. BaltimoreIllinois Supreme Court · 1900
- Martin v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1902
- St. Louis, Alton & Terre Haute Railroad v. EggmannIllinois Supreme Court · 1896
- Chicago, M. & St. P. Ry. Co. v. DonovanCourt of Appeals for the Eighth Circuit · 1908
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