Chicago & Alton Railroad v. Logue
Appellate Court of Illinois
Appeal from the Circuit Court of Madison County; the Hon. B. R. Burroughs, Judge, presiding. This is an action on the case brought by the father as administrator of his deceased child, who was run over and killed by a train on appellant’s road when he was about twenty-one months old.
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Appeal from the Circuit Court of Madison County; the Hon. B. R. Burroughs, Judge, presiding. This is an action on the case brought by the father as administrator of his deceased child, who was run over and killed by a train on appellant’s road when he was about twenty-one months old. Plaintiff was stationed at Edwards-ville crossing, a station on that road, and occupies as a residence a part of the depot building, which is situated between the tracks of the appellant and the C., C., 0. & St. L. R. R. On each side of the building was a platform extending to the respective roads. Just north of…
1Opinion of the CourtJustice Phillips
On material facts in this case the evidence is conflicting and the case a close one on the facts. It was held in C., B. & Q. R. R. Co. v. Dvorak, 7 Ill. App. 555: “ Where, as in this case, the evidence is closely conflicting as to necessary elements of the plaintiff’s cause of action, we hold it to be a rule founded in the plainest principle of justice and essential to its fair administration that such party shall not be suffered to gain an undue advantage over the opposite party by means of defective and misleading instructions to the jury. Of such a character is the one given for the…
2Cases cited4 opinions
- Galena v. DillIllinois Supreme Court · 1859
- Toledo, Wabash & Western Railway Co. v. JonesIllinois Supreme Court · 1875
- Indianapolis & St. Louis Railroad v. BlackmanIllinois Supreme Court · 1872
- Chicago, Burlington & Quincy Railroad v. DvorakAppellate Court of Illinois · 1880
3Cited by7 opinions
- Norfolk & Western Railway Co. v. HendersonSupreme Court of Virginia · 1922
- Bowden v. Jacksonville Electric Co.Supreme Court of Florida · 1906
- Fein v. Covenant Mutual Benefit Ass'nAppellate Court of Illinois · 1895
- Green v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Calumet El. St. Ry. Co. v. LewisAppellate Court of Illinois · 1897
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