Chicago & Iowa Railroad v. Lane
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Ogle county; the Hon. William Bbown, Judge, presiding. This was an action on the case, brought in the Ogle circuit court, by appellee, Elliott Lane, a minor, by his next friend, Gilbert Lane, against the Chicago and Iowa Railroad Company, 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 Ogle county; the Hon. William Bbown, Judge, presiding. This was an action on the case, brought in the Ogle circuit court, by appellee, Elliott Lane, a minor, by his next friend, Gilbert Lane, against the Chicago and Iowa Railroad Company, appellant. The injury complained of resulted from a collision between a passenger train on appellant’s road and a team and wagon driven by appellee, in the city of Rochelle, at a street crossing, on the 29th day of July, 1887. Bartholomew street…
1Opinion of the CourtJustice Baker
One of the assignments of error is, that the circuit court permitted appellee, by his next friend, Gilbert Lane, to prosecute as a poor person.
Section 5, of chapter 33, of the Bevised Statutes, provides: “If any court shall, before or after the commencement of any suit, be satisfied that the plaintiff is a poor person, and unable to prosecute his suit and pay the costs and expenses thereof, the court may, in its discretion, permit him to commence and prosecute his action as a poor person; and thereupon such person shall have all the necessary writs, process and proceedings, as in other cases,…
2Cases cited2 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Chicago, Burlington & Quincy Railroad v. LeeIllinois Supreme Court · 1877
3Cited by28 opinions
- Chicago & Alton Railroad v. SandersIllinois Supreme Court · 1895
- Carter v. Central Vermont RailroadSupreme Court of Vermont · 1900
- Chicago, Rock Island & Pacific Railway Co. v. DurandSupreme Court of Kansas · 1902
- New York, Chicago & St. Louis Railroad v. LuebeckIllinois Supreme Court · 1895
- Comstock v. Morgan Park Trust & Savings BankIllinois Supreme Court · 1937
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