Legal Opinion

Chicago, Burlington & Quincy Railroad v. Morkenstein

Appellate Court of Illinois

Decided December 7, 1887PublishedCited by 3 opinions

Appeal from the Circuit Court of Cook County; the Hon. John G-. Rogers, Judge, presiding. This was an action by appellee against the railroad corporation, appellant, to recover for a personal injury to the former, occurring November 29, 1882, in the City of Chicago, whereby he lost one of his arms.

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Appeal from the Circuit Court of Cook County; the Hon. John G-. Rogers, Judge, presiding. This was an action by appellee against the railroad corporation, appellant, to recover for a personal injury to the former, occurring November 29, 1882, in the City of Chicago, whereby he lost one of his arms. The declaration contains three counts: 11 That the plaintiff, at the time, was lawfully upon a public highway of said city, which was crossed there by tracks of defendant’s railway, and the latter ran its locomotive engine across said, highway without ringing a bell or sounding a whistle…

1Opinion of the CourtMcAllister, J.

In describing the tort complained of and the means by which it was effected, the plaintiff has alleged in each of the several counts of his declaration, that while he was upon the public highway of the City of Chicago and in the exercise of the legal, common right to be and travel thereon, he was necessarily and unavoidably run against, etc., by defendant’s locomotive and train.

The rule is that where the pleader, though needlessly, describes the tort and the means by which it is effected, with minuteness and particularity, and the proof substantially varies from the statement, there will be a…

2Cases cited3 opinions

  1. Moss v. JohnsonIllinois Supreme Court · 1859
  2. City of Bloomington v. GoodrichIllinois Supreme Court · 1878
  3. Lake Shore & Michigan Southern Railway Co. v. BeamAppellate Court of Illinois · 1882

3Cited by3 opinions

  1. Wilkinson v. Pensacola & Atlantic RailroadSupreme Court of Florida · 1895
  2. Chicago City Railway Co. v. CarrickAppellate Court of Illinois · 1907
  3. Lynch v. Chicago City Railway Co.Appellate Court of Illinois · 1912

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