Chicago & North-Western Railway Co. v. Donahue
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Johh G. Rogers, Judge, presiding. This was an action on the case, brought by Francis Donahue, by his next friend James Donahue, against the Chicago and Horth-Western Railway Company, to recover for a personal injury received while in the defendant’s employ, on the ground of alleged negligence. The facts appear in the opinion.
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Appeal from the Circuit Court of Cook county; the Hon. Johh G. Rogers, Judge, presiding. This was an action on the case, brought by Francis Donahue, by his next friend James Donahue, against the Chicago and Horth-Western Railway Company, to recover for a personal injury received while in the defendant’s employ, on the ground of alleged negligence. The facts appear in the opinion. The jury found for the plaintifE and assessed his damages at $8,000. The plaintifE remitted $3,000 and the court, overruling motions for a new trial and in arrest of judgment, rendered judgment in favor of the…
1Opinion of the CourtJustice Scott
Plaintiff was employed as a switchman in the yards of the company, at Chicago, and while in that service was struck by a moving car, by which he was seriously and permanently injured. One ground of liability set forth in the declaration, viz.: that the locomotive attached to the train was out of repair and not manageable, has not been insisted on in this court, the jury by a special verdict having found it was in good repair and ordinarily manageable. It is sought, however, to maintain the judgment on the other ground of negligence charged, that defendant neglected to provide rules whereby it…
2Cases cited6 opinions
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Chicago, Burlington & Quincy Railroad v. VanPattenIllinois Supreme Court · 1872
- Moss v. JohnsonIllinois Supreme Court · 1859
- Illinois Central Railroad v. CoxIllinois Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Atlanta & Charlotte Air Line Railway v. RaySupreme Court of Georgia · 1883
- H. & T. C. R'y Co. v. LeslieTexas Supreme Court · 1882
- Bouwmeester v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1886
- Union Stock-Yards Co. v. GoodwinNebraska Supreme Court · 1898
- Chicago, R. I. & P. Ry. Co. v. RogersSupreme Court of Oklahoma · 1916
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