First National Bank v. Lake Erie & Western Railroad
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Vermilion county; the Hon. F. Bookwalter, Judge, presiding.
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Appeal from the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Vermilion county; the Hon. F. Bookwalter, Judge, presiding. This is a suit, brought on May 31, 1894, by the appellant, the First National Bank of Hoopeston in Vermilion county, against the appellee railroad company, for the purpose of recovering damages for loss, alleged to have been sustained by the burning of an elevator, owned by the appellant, and situated at Hoopeston. The fire, which destroyed the elevator, is alleged to have been caused by sparks from an engine, attached…
1Opinion of the CourtJustice Magruder
There is only one question in this case, which counsel for appellant press upon our attention, and that question is, whether or not the court below erred in refusing to allow appellant to show in rebuttal, that other fires had been set by appellee’s engines at other times in the immediate vicinity of the elevator both before and after it was destroyed. The engine or locomotive,, which was alleged to have caused the fire, was identified as the engine, which drew the freight train, passing the elevator near the noon hour of August 31, 1892. It is conceded by counsel for appellant, that the…
2Cases cited8 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. GeiserSupreme Court of Kansas · 1904
- The People v. BellIllinois Supreme Court · 1927
- Kerner v. Southern Railway Co.Supreme Court of North Carolina · 1915
- Illinois Central Railroad v. BaileyIllinois Supreme Court · 1906
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. HornsbyIllinois Supreme Court · 1903
12 more not listed; retrieve them via the Exa API.