Legal Opinion

Sutton v. Aurora, Elgin & Chicago Railway Co.

Appellate Court of Illinois

Decided November 28, 1911No. Gen. No. 15,968Published

Action in case for death caused by alleged wrongful act. Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1909.

1Opinion of the CourtJustice Smith

Joseph McFall was killed on the 6th day of January, 1908, by being struck by an eastbound express car of appellant, at the intersection of its tracks with Seventeenth avenue in the village of Maywood. On the morning of the accident, deceased and his son Joseph examined one of appellant’s time-tables, left their home in Maywood, walked to Madison street, and then west on Madison street to Seventeenth avenue. When they reached Seventeenth avenue they had a full view of appellant’s tracks for a mile to the west; and that view was practically unobstructed as they proceeded south on Seventeenth…

2Cases cited9 opinions

  1. Railroad Company v. HoustonSupreme Court of the United States · 1878
  2. Illinois Central Railroad v. BatsonAppellate Court of Illinois · 1899
  3. St. Louis, Alton & Terre Haute R. R. v. ManlyIllinois Supreme Court · 1871
  4. Chicago & Alton R. R. v. GretznerIllinois Supreme Court · 1867
  5. Chicago Union Traction Co. v. JacobsonIllinois Supreme Court · 1905

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