Chicago West Division Railway Co. v. Rend
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Thomas A. Mohan, Judge, presiding. This action was by the Chicago West Division Railway, against William P. Rend and Edwin Walker.
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Appeal from the Circuit Court of Cook county; the Hon. Thomas A. Mohan, Judge, presiding. This action was by the Chicago West Division Railway, against William P. Rend and Edwin Walker. The declaration was as follows: “ For that whereas, heretofore, to wit, on the 7th day of October, A. D. 1875, to wit, at the county of Cook aforesaid, the. said plaintiff was a common carrier of passengers, and as such was then and there engaged in carrying passengers in its cars upon and along its line of horse-railway, then and there operated and running upon and along Randolph street, in the city of…
1Opinion of the CourtMcAllister, J.
The demurrer to plaintiff’s declaration being general, the only question presented in this appeal to review the action of the court below in sustaining that demurrer is: does the declaration contain a cause of action, or is it good in substance?
Defendants’ counsel insist that it is not good, because there was no sufficient basis shown in it for the recovery of the special damages attempted to be set out, viz: the amount of the judgment recovered by Cornell against plaintiff, for injuries which he sustained while a passenger on plaintiff’s car, at the time defendants willfully and wrongfully,…
2Cases cited6 opinions
- Percival v. HickeyNew York Supreme Court · 1820
- Brent v. KimballIllinois Supreme Court · 1871
- Commercial Bank of Albany v. . Ten EyckNew York Court of Appeals · 1872
- Wilson v. SmithNew York Supreme Court · 1833
- Knox v. City of SterlingIllinois Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rivers v. Pennsylvania RailroadSupreme Court of New Jersey · 1910