Pittsburgh, Cincinnati & St. Louis Railway Co. v. Goss
Appellate Court of Illinois
Error to the Superior Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. This suit was brought by Gross in the court below, against the railroad company, to recover damages for personal injuries received by them in a collision of a train of the latter, with a hand-car which the foreman and one Hefferman had been running ahead of such train, on the same track, and which they were endeavoring to get off the track at the time of the collision.
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Error to the Superior Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. This suit was brought by Gross in the court below, against the railroad company, to recover damages for personal injuries received by them in a collision of a train of the latter, with a hand-car which the foreman and one Hefferman had been running ahead of such train, on the same track, and which they were endeavoring to get off the track at the time of the collision. The declaration contained four counts, and alleged various phases of negligence on the part of the railroad company. The plea of not guilty was-…
1Opinion of the CourtMcAllister, P. J.
The evidence on the trial tended to show that when the plaintiff below and Hefferman went upon the railroad track, at the time in question, with a handcar, encumbered as theirs was, and started in the manner they did, just ahead of a usual railroad train upon the'same track, they carelessly and recklessly placed themselves in a position of danger.
It was a question in issue in the case whether or not the plaintiff was guilty of negligence which contributed to the injury for which he sought to recover, and if he were, what was the degree of that negligence; was it slight, ordinary or gross.…
2Cases cited2 opinions
- Burling v. Illinois Central RailroadIllinois Supreme Court · 1877
- Illinois Central Railroad v. ModglinIllinois Supreme Court · 1877
3Cited by2 opinions
- Illinois Central R. R. v. BeardAppellate Court of Illinois · 1893
- Star & Crescent Milling Co. v. ThomasAppellate Court of Illinois · 1888