Lalor v. Chicago, Burlington & Quincy Railroad
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was an action on the case under the statute, brought by the appellant, Bridget Lalor, as widow and administratrix, against the appellees, the Chicago, Burlington and Quincy Bailroad Company, for the killing of her husband, Joseph Lalor. A general demurrer was interposed to the declaration, and sustained by the court.
1Opinion of the CourtChief Justice Breese
Appellant’s counsel is perfectly right in contending, that the principle involved in this case has never before been discussed, or decided by this court.
In our judgment, the cases on which appellees rely, Honner v. Ill. Cent. R. R. Co. 15 Ill. 550, and Ill. Cent. R. R. Co. v. Cox, 21 ib. 20, are not analogous. In the first case cited, the plaintiff was engaged with his fellow servants in the same grade of employment, in working at a turn-table with iron bars, one of which broke and injured him.
In the other case, the deceased was an employee on the car, engaged in a common business with the…
2Cases cited1 opinion
- Honner v. Illinois Central RailroadIllinois Supreme Court · 1854
3Cited by33 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. AdamsIndiana Supreme Court · 1886
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Atlas Engine Works v. RandallIndiana Supreme Court · 1885
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