Illinois Northern Railway Co. v. Casey
Appellate Court of Illinois
Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook county; the Hon. George A. Dupuy, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.
1Opinion of the CourtJustice Smith
Among other grounds of reversal urged is, that the verdict is against the weight of the evidence and contrary to the law.
No- question arises in this case as to any wanton or wilful conduct on the part of defendant’s servants. That question cannot arise under the declaration, which avers that the defendant recklessly, negligently arid improperly allowed steam to escape through the locomotive, making a loud and unusual noise, whereby, etc. The word recklessly used in characterizing the act of defendant’s servants means no more than negligently. H. A. & B. R. R. Co. v. Sampson, 112 Ala. 425.
It…
2Cases cited3 opinions
- Chicago & Erie Railroad v. MeechIllinois Supreme Court · 1896
- Highland Avenue & Belt Railroad v. SampsonSupreme Court of Alabama · 1895
- Chicago, Burlington & Quincy R. R. v. RosenfeldIllinois Supreme Court · 1873