Kath v. East St. Louis & Suburban Railway Co.
Illinois Supreme Court
Appear from the Appellate Court for the Fourth District ;—-heard in that court on appeal from the. Circuit Court of St. Clair county; the Hon. R. D. W. Horder, Judge, presiding. This was an action on the case commenced in the circuit court of St. Clair county by the appellee, against the appellant, to recover damages for the death of her brother and intestate, alleged to have been caused by the negligence of the appellant.
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Appear from the Appellate Court for the Fourth District ;—-heard in that court on appeal from the. Circuit Court of St. Clair county; the Hon. R. D. W. Horder, Judge, presiding. This was an action on the case commenced in the circuit court of St. Clair county by the appellee, against the appellant, to recover damages for the death of her brother and intestate, alleged to have been caused by the negligence of the appellant. A trial resulted in a verdict and judgment in favor of the appellee for the sum of $2500, which judgment has been affirmed by the Appellate Court for the Fourth District,…
1Opinion of the CourtChief Justice Hand
It is first contended by appellant that the court erred in allowing appellee to prove the pole which struck and injured deceased had been moved farther back from the track after the accident. If this testimony had been offered for the purpose of showing an implied admission of appellant that it was in the first place negligently set too near the track it would have been incompetent and its admission erroneous. (Howe v. Medaris, 183 Ill. 288.) No measurements appear to have been taken by any one as to the distance the pole was from the track at the time of the accident, until long after its…
2Cases cited6 opinions
- Chicago & Eastern Illinois Railroad v. HeereyIllinois Supreme Court · 1903
- Camp Point Manufacturing Co. v. BallouIllinois Supreme Court · 1874
- Browne v. SiegelIllinois Supreme Court · 1901
- Pennsylvania Co. v. LynchIllinois Supreme Court · 1878
- Howe v. MedarisIllinois Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Stone v. GuthrieAppellate Court of Illinois · 1957
- Gregory v. RicheyIllinois Supreme Court · 1923
- Knox v. American Rolling Mill Corp.Illinois Supreme Court · 1908
- East Ohio Gas Co. v. O'HaraOhio Court of Appeals · 1924
- Crowe v. Northwestern Malt & Grain Co.Appellate Court of Illinois · 1912
13 more not listed; retrieve them via the Exa API.