Legal Opinion

Chicago & Erie Railroad v. Neilson

Appellate Court of Illinois

Decided March 7, 1905No. Gen. No. 11,538Published

Action commenced before justice of the peace. Appeal froth the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding.

1Opinion of the CourtJustice Freeman

It is contended that the suit was brought against the wrong party and that appellant is not the actual wrongdoer in the case. There is evidence tending to show that the coaches of the particular train which started the fire bore the name “Chicago and Erie,” and that the engine had on it the name “Erie.” , There' is further evidence, less direct in its nature, which nevertheless tends to show that the “Erie” and “Chicago and Erie” are in fact controlled by one and the same general organization and that though seperate corporations they are parts of the same system under the same general…

2Cases cited3 opinions

  1. Pittsburgh, Fort Wayne & Chicago Railway Co. v. CallaghanIllinois Supreme Court · 1895
  2. Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. HornsbyIllinois Supreme Court · 1903
  3. Chicago & A. R. R. v. GlennyAppellate Court of Illinois · 1897

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