Legal Opinion

Belt Railway Co. v. Confrey

Appellate Court of Illinois

Decided December 21, 1903No. Gen. No. 10,993PublishedCited by 2 opinions

Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. George W. Patton, Judge, presiding. Heard in this court at the October term, 1902.

1Opinion of the CourtJustice Ball

Appellant claims that evidence relating to the grab-iron was a variance from the declaration. The additional counts allege that the “ draw-bar and appliances and devices necessary and used for and in aid of coupling (on this car) were in a dangerous, defective and unsafe condition,” and that by reason of the divergence of the draw-bar and by reason of the negligence of the defendants in permitting said car to be and remain in said defective condition, appellee was injured. This allegation is broad enough to let in evidence describing the grab-iron and its use, if any, in coupling cars.

It was…

2Cases cited5 opinions

  1. Sack v. DoleseIllinois Supreme Court · 1891
  2. Illinois Central Railroad v. SandersIllinois Supreme Court · 1897
  3. Chicago, Indianapolis & Louisville Railway Co. v. BarrIllinois Supreme Court · 1903
  4. Colfax Coal & Mining Co. v. JohnsonAppellate Court of Illinois · 1893
  5. Illinois Central Railroad v. BarslowAppellate Court of Illinois · 1894

3Cited by2 opinions

  1. Rush v. Oregon Power Co.Oregon Supreme Court · 1908
  2. Chicago & Alton Railway Co. v. NevesAppellate Court of Illinois · 1906

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