Chicago & N. W. Ry. Co. v. Van Every
Appellate Court of Illinois
Trespass on the Case.—Death from alleged negligence. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the October term, 1901. This suit was brought by appellee to recover damages for the death of appellee’s intestate, which, it is alleged, was caused by negligence of appellant, his employer.
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Trespass on the Case.—Death from alleged negligence. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the October term, 1901. This suit was brought by appellee to recover damages for the death of appellee’s intestate, which, it is alleged, was caused by negligence of appellant, his employer. Plaintiff’s intestate, Herbert C. Van Every, was employed as a locomotive engineer by the appellant, and on the morning of June 28, 1894, had in charge a locomotive of appellant hauling a freight train from Chicago to Harvard,Illinois.…
1Opinion of the CourtJustice Sears
There is presented upon this appeal but one controlling question, viz.: Does the evidence sufficiently support the verdict ? And this question is entirely dependent upon the further question as to whether the collapse of the crown sheet of the engine was caused by insecure rivet heads or by low water. If the cause of the accident was the permitting of the water to get so low in the boiler that there was no water over a portion of the crown sheet, whereby the sheet, exposed to the intense heat of the fire-box, became softened and gave way, then no recovery could be had. Such occurrence from…
2Cases cited1 opinion
- Illinois Central Railroad v. ButlerAppellate Court of Illinois · 1897
3Cited by2 opinions
- Falkeneau Construction Co. v. GinleyAppellate Court of Illinois · 1907
- OLD SECOND NAT'L BK. OF AURORA v. GouldAppellate Court of Illinois · 1979