Legal Opinion

Smith v. Chicago & E. I. R. R. Co.

Appellate Court of Illinois

Decided December 10, 1901PublishedCited by 6 opinions

Trespass on the Case. — Death from negligent act. Error to the Circuit Court of Vermilion County; the Hon. Ferdinand W. Bookwalter, Judge, presiding. Heard in this court at the May term, 1901.

1Opinion of the Court

Mr. Presiding Justice Harker

delivered the opinion of the court.

Plaintiff in error brought this suit to recover damages for the killing of his minor daughter, who was run over by cars on the railroad track of defendant in error.

The court sustained a demurrer to- all of the six counts of an amended declaration. The plaintiff elected to stand by his amended declaration and judgment was rendered against him for costs. He brings the record here and contends that each one of the six counts correctly states k valid cause of action. From the averments therein contained, it appears that the deceased,…

2Cases cited8 opinions

  1. Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
  2. Illinois Central Railroad v. HetheringtonIllinois Supreme Court · 1876
  3. Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
  4. Illinois Central Railroad v. O'ConnorIllinois Supreme Court · 1901
  5. Wabash Railroad v. JonesIllinois Supreme Court · 1896

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Fowler v. Chicago & Western Indiana RailroadAppellate Court of Illinois · 1913
  2. Chicago, Rock Island & Pacific Railway Co. v. MoranAppellate Court of Illinois · 1906
  3. Kinnare v. Chicago & Northwestern Railway Co.Appellate Court of Illinois · 1904
  4. Smith Ex Rel. Silverman v. Terminal RailroadSupreme Court of Missouri · 1935
  5. Bartlett v. Wabash RailroadAppellate Court of Illinois · 1904

1 more not listed; retrieve them via the Exa API.

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