Toledo, Wabash & Western Railway Co. v. Miller
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding. This was an action on the case, by Andrew J. Miller, administrator of the estate of James D. Miller, deceased, against the Toledo, Wabash and Western Railway Company, to recover damages for negligently and wrongfully causing the death of the intestate.
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Appeal from the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding. This was an action on the case, by Andrew J. Miller, administrator of the estate of James D. Miller, deceased, against the Toledo, Wabash and Western Railway Company, to recover damages for negligently and wrongfully causing the death of the intestate. A trial was had, the jury finding the defendant guilty, and assessing plaintiff’s damages at $3500. The circuit court overruled a motion by defendant for a new trial, and rendered judgment on the verdict, and the defendant appealed.
1Opinion of the CourtJustice Scott
This action was brought by the administrator, under the statute, to recover damages resulting to the next of kin of James X). Miller, whose death was caused by a collision of the wagon, on which he was riding, with a passenger train on appellant’s road.
It will not be necessary to consider all the points raised upon the record, for the reason that, in no view t.hat can be taken, can the judgment be maintained. Our conclusion is, from a careful consideration of the entire case in all its phases, the verdict is contrary to the weight of the evidence.
When the accident occurred, deceased was on…
2Cases cited1 opinion
- St. Louis, Alton & Terre Haute R. R. v. ManlyIllinois Supreme Court · 1871
3Cited by5 opinions
- Chicago & Northwestern Railway Co. v. SchumilowskyAppellate Court of Illinois · 1881
- Chicago West Division Railway Co. v. RyanAppellate Court of Illinois · 1889
- City of Carmi v. ErvinAppellate Court of Illinois · 1895
- Bauer v. Elgin, Joliet & Eastern Railway Co.Appellate Court of Illinois · 1952
- Lake Erie & Western R. R. v. PikeAppellate Court of Illinois · 1889