Illinois Central Railroad v. Scheffner
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Stephenson county; the Hon. James S. Baume, Judge, presiding. This is an appeal from the Appellate Court for the Second District, which affirmed a judgment of the circuit court of Stephenson county for $2000 in favor of appellee, 'against appellant.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Stephenson county; the Hon. James S. Baume, Judge, presiding. This is an appeal from the Appellate Court for the Second District, which affirmed a judgment of the circuit court of Stephenson county for $2000 in favor of appellee, 'against appellant. The suit was an action of trespass on the case, to recover for a personal injury alleged to have been received on account of negligence of appellant. Upon a trial in the circuit court the jury found for appellee and assessed his damages…
1Opinion of the CourtJustice Scott
The appellant questions the sufficiency of the declaration by a motion in arrest of judgment. The first count in the declaration is, in substance, the same as that approved by this court in Chicago City Railway Co. v. Jennings, 157 Ill. 274, the only material difference being, that in that case it is charged that the negligence resulted in a collision, while here the averment is that the negligence resulted in frightening the horse, as a consequence of which the carriage was overturned and the plaintiff thrown out and injured. We are unable to perceive any distinction. The question is whether…
2Cases cited3 opinions
- Beidler v. BranshawIllinois Supreme Court · 1902
- Chicago City Railway Co. v. JenningsIllinois Supreme Court · 1895
- Baltimore & Ohio Southwestern Railway Co. v. AlsopIllinois Supreme Court · 1898
3Cited by5 opinions
- Church v. AdlerAppellate Court of Illinois · 1953
- Smith v. Sanitary DistrictIllinois Supreme Court · 1913
- Trinity & B. v. Ry. Co. v. GearyCourt of Appeals of Texas · 1914
- Coyne v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Court of Illinois · 1917
- Wolfstein v. Illinois Power & Light Corp.Appellate Court of Illinois · 1929