Legal Opinion

Pennsylvania Co. v. Conlan

Illinois Supreme Court

Decided November 10, 1881PublishedCited by 36 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was an action on the case, brought by appellee against appellant, in the Superior Court of Cook county, in consequence of the negligence of appellant resulting in the death of her 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. Joseph E. Gaby, Judge, presiding. This was an action on the case, brought by appellee against appellant, in the Superior Court of Cook county, in consequence of the negligence of appellant resulting in the death of her intestate. The declaration contains four counts: In the first, the negligent act is alleged to have consisted in wrongfully, unlawfully and negligently driving a locomotive engine and train of cars, within the limits of the city of Chicago,…

1Opinion of the CourtJustice Scholfield

Numerous objections are urged in argument against the rulings below, and they shall be noticed in the order in which they are discussed in appellant’s brief.

First—Certain evidence, admitted over appellant’s objections, it is insisted, was erroneously admitted.

1. A witness testified how far appellant’s train ran after Conlan was struck. This, we think, was competent. An ordinance of the city limited the speed of trains to six miles an hour. It was not indispensable, in proving a violation of this ordinance, that the proof should show the speed was ascertained by actual comparison and…

2Cases cited10 opinions

  1. Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
  2. Linn v. SigsbeeIllinois Supreme Court · 1873
  3. City of Chicago v. McGivenIllinois Supreme Court · 1875
  4. Chicago & Alton Railroad v. Springfield & Northwestern RailroadIllinois Supreme Court · 1873
  5. Emory v. AddisIllinois Supreme Court · 1874

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3Cited by36 opinions

  1. Frazer v. HoweIllinois Supreme Court · 1883
  2. Gliwa v. Washington Polish Loan & Building Ass'nAppellate Court of Illinois · 1941
  3. Joliet, Aurora & Northern Railway Co. v. VelieIllinois Supreme Court · 1892
  4. Thilman & Co. v. EspositoAppellate Court of Illinois · 1980
  5. Indianapolis & St. Louis Railroad v. MorgensternIllinois Supreme Court · 1883

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