Galena & Chicago Union Railroad v. Welch
Illinois Supreme Court
The cause was heard before I. G. Wilson, Judge, and a jury, at September term, 1859, of the Boone county Circuit Court, on a change of venue from Winnebago county.
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The cause was heard before I. G. Wilson, Judge, and a jury, at September term, 1859, of the Boone county Circuit Court, on a change of venue from Winnebago county. The action was trespass on the case, commenced against the Galena and Chicago Union Railroad Company, to recover damages for injuries done to the defendant’s premises on the night of the 3rd of June, 1858, by reason of the giving way of a culvert near Roscoe, over the south branch of the Kennekinnick creek, which was swept away by a flood of water during a storm of rain. The defendant in error was a wagon-maker, and resided upon a…
1Opinion of the Court
Catón, 0. J.
We find no error in the instructions given or refused, or in the conduct of the trial, unless it be in the refusal of the court to admit the testimony of Mr. Yan Nortwick without a release from the defendant, who called him. The alleged injury was from the giving way of a culvert, and in order to maintain the action, it was necessary to show that it was improperly constructed originally, or was negligently out of repair. The witness was the chief engineer of the road at the time the culvert was built, and it was built according to his plan and under his supervision ; and he was…
2Cited by5 opinions
- Feitl v. Chicago City Railway Co.Illinois Supreme Court · 1904
- Chicago & Rock Island Railroad v. HutchinsIllinois Supreme Court · 1864
- Illinois Central Railroad v. BeebeAppellate Court of Illinois · 1897
- Purple Swan Safety Coach Lines v. Egyptian Transportation Co.Appellate Court of Illinois · 1930
- Feitl v. Chicago City Railway Co.Appellate Court of Illinois · 1904