Legal Opinion

Illinois Southern Railway Co. v. Hamill

Illinois Supreme Court

Decided February 21, 1907PublishedCited by 5 opinions

Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Marion county; the Hon. Truman E. AMES, Judge, presiding.

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Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Marion county; the Hon. Truman E. AMES, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the Fourth District affirming a judgment of the circuit court of Marion county in favor of the appellee for-the sum of $5000, for a personal injury alleged to have been sustained by him by being run over at a public highway crossing in Clinton county by a passenger train of the appellant, whereby his left leg was crushed and broken, necessitating its amputation.…

1Opinion of the CourtJustice Hand

The first error assigned on this record is the action of the trial court in refusing to rule the appellee to give security for costs, and in default thereof to dismiss the case on the ground the plaintiff was a non-resident. The appellant, after it had been served with process, moved the court to rule the appellee to give security for costs, and upon a failure to comply with such rule asked that the case might be dismissed, and filed the affidavit of one of its attorneys, in support of the motion, that the appellee was a non-resident of the State of Illinois. The appellee filed his affidavit…

2Cases cited1 opinion

  1. Chicago & Alton Railroad v. CorsonIllinois Supreme Court · 1902

3Cited by5 opinions

  1. Wintersteen v. National Cooperage & Woodenware Co.Illinois Supreme Court · 1935
  2. King v. Mid-State Freight Lines, Inc.Appellate Court of Illinois · 1955
  3. Moran v. Borden Co.Appellate Court of Illinois · 1941
  4. Meek v. Chicago Railways Co.Appellate Court of Illinois · 1913
  5. Bennett v. W. M. McAllister Co.Appellate Court of Illinois · 1926

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