Legal Opinion

Chicago & Alton Railroad v. Kelly

Illinois Supreme Court

Decided June 23, 1904PublishedCited by 13 opinions

Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Doríiance Dibell, Judge, presiding.

1Opinion of the CourtJustice Hand

This was an action on the case brought by the appellee to recover damages for the death of his intestate, Joseph G. Kelly, occasioned, as is alleged, by the negligence of the appellant in failing to stop its train, upon which Kelly was a passenger, at Braidwood station a sufficient length of time to enable Kelly to alight therefrom with safety, by means whereof said Kelly, while in the exercise of due care for his own safety and while attempting to leave said train at said station, was thrown beneath the wheels of said train and run over and killed. The case was trie.d before the court and a…

2Cases cited1 opinion

  1. Crabtree v. HagenbaughIllinois Supreme Court · 1861

3Cited by13 opinions

  1. State v. ReeseUtah Supreme Court · 1913
  2. People v. PursleyIllinois Supreme Court · 1922
  3. Dunn v. CrichfieldIllinois Supreme Court · 1905
  4. Scanlan v. Chicago Union Traction Co.Appellate Court of Illinois · 1906
  5. Selz, Schwab & Co. v. GullionIndiana Supreme Court · 1918

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