Legal Opinion

Baltimore & Ohio Southwestern Railway Co. v. Schell

Appellate Court of Illinois

Decided September 8, 1905Published

Action on the case for personal injuries. Appeal from the Circuit Court of Wayne County; the Hon, Prince A. Pearce. Judge, presiding. Heard in this court at the February term, 1905.

1Opinion of the CourtJustice Creighton

This was an action in case, in the Circuit Court of Wayne County, by appellee against appellant, to recover for a personal injury, sustained by appellee at a public highway crossing. Trial by jury. Verdict and judgment in favor of appellee for §1,454.55.

The declaration consists of four counts. The first charges that appellant carelessly, negligently and improperly drove its engine and train. The second, that appellant failed to ring a bell or sound a whistle as its engine and train rapidly approached the public crossing. The third, that appellant negligently permitted upon its right of way…

2Cases cited3 opinions

  1. Chicago, Milwaukee & St. Paul Railway Co. v. HalseyIllinois Supreme Court · 1890
  2. North Chicago Street Railroad v. CossarIllinois Supreme Court · 1903
  3. Illinois Central Railroad v. KiefAppellate Court of Illinois · 1903

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