Legal Opinion

Chicago & Eastern Illinois Railroad v. Burridge

Illinois Supreme Court

Decided June 23, 1904PublishedCited by 15 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. William M. Farmer, Judge, presiding. This was an action on the case in the circuit court of Marion county, brought by appellee to recover for personal injuries received by him while in a freight car containing personal property belonging to him, at Salem, in that county.

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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. William M. Farmer, Judge, presiding. This was an action on the case in the circuit court of Marion county, brought by appellee to recover for personal injuries received by him while in a freight car containing personal property belonging to him, at Salem, in that county. The injury is charged to have resulted from the negligent act of the plaintiff in driving a train of cars with great violence against the freight car in question. The trial in the court…

1Opinion of the CourtJustice Scott

At the close of all the evidence defendant moved the court to instruct the jury to return a verdict in its favor. As the case must be reversed for an error in passing on instructions, we will not discuss the question raised by the denial of this motion, except to say that evidence found in the record tends to support the averments of the declaration.

Nórth, a brakeman in the employ of the defendant, testified that he told Burridge, while the latter was unloading the car and just before the first coupling was made, that they were going to move it and would put it back when they were through…

2Cases cited2 opinions

  1. West Chicago Street Railroad v. DoughertyIllinois Supreme Court · 1897
  2. North Chicago Street Railroad v. WellnerIllinois Supreme Court · 1903

3Cited by15 opinions

  1. Welton v. Iowa State Highway CommissionSupreme Court of Iowa · 1930
  2. Roberts v. Chicago City Railway Co.Illinois Supreme Court · 1914
  3. Engstrom v. OlsonAppellate Court of Illinois · 1928
  4. Purgett v. WeinrankAppellate Court of Illinois · 1920
  5. Shanks v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1917

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