Legal Opinion

Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. Jenkins

Illinois Supreme Court

Decided October 24, 1898PublishedCited by 28 opinions

Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Wabash county; the Hon. S. Z. Landes, Judge, presiding. This was an action on the case, brought by Charles Jenkins, against appellant, in the circuit court of Wabash county.

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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Wabash county; the Hon. S. Z. Landes, Judge, presiding. This was an action on the case, brought by Charles Jenkins, against appellant, in the circuit court of Wabash county. The declaration charges that the plaintiff has been a faithful employee of the defendant for ten years as a conductor on one of the freight trains on the line of its railroad running from Cairo to Danville, Illinois; that he was discharged about November, 1893, without cause, and although, by the regulations…

1Opinion of the CourtJustice Phillips

The gravamen of the declaration in this case is, that the plaintiff was discharged and refused a clearance card or letter to which he was entitled, without which he could not obtain employment on any other road, and that he failed to obtain such employment, whereby he suffered damages. The declaration avers a cause of action on the case arising out of a contract. It avers a contractual relation, out of which, as alleged, arose the duty, when such contractual relation was severed, to give a letter or clearance card for the purpose stated. Unless the law imposes on appellant, in some form, the…

2Cases cited11 opinions

  1. Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
  2. City of Freeport v. IsbellIllinois Supreme Court · 1876
  3. Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
  4. Croghan v. . LivingstonNew York Court of Appeals · 1858
  5. Sunderlin v. . BradstreetNew York Court of Appeals · 1871

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3Cited by28 opinions

  1. La Throp v. Bell Federal Savings & Loan Ass'nIllinois Supreme Court · 1977
  2. Parkway Baking Co. v. Freihofer Baking Co.Court of Appeals for the Third Circuit · 1958
  3. Central Railway Co. v. BannisterIllinois Supreme Court · 1902
  4. Dick v. Northern Pacific Railway Co.Washington Supreme Court · 1915
  5. Traff v. FabroAppellate Court of Illinois · 1949

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