Legal Opinion

Pennsylvania Co. v. Ellett

Illinois Supreme Court

Decided May 14, 1890PublishedCited by 51 opinions

Appeal from the Appellate Court for the First District;— • heard in that court on appeal from the Superior Court of Cook county; the Hon. Kibe Hawes, Judge, presiding.

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Appeal from the Appellate Court for the First District;— • heard in that court on appeal from the Superior Court of Cook county; the Hon. Kibe Hawes, Judge, presiding. This was an action on the case, brought by Edwin H. Ellett, administrator of the estate of William E. Walkup, deceased, against the Pennsylvania Company, and the Union Stock Yards and Transit Company, railroad companies operating in this State, to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the Erst named company while using the track of the other compiany, with…

1Opinion of the CourtChief Justice Shops

This was an action on the case, to recover damages for negligently causing the death of William R, Walkup, and resulted in a verdict against both defendants for $4500, upon which judgment was rendered. On appeal to the Appellate Court this judgment was ^affirmed. Both defendants appeal to this ■court, and assign errors.

The errors assigned by the Pennsylvania Company relate ■solely to the sufficiency of the evidence to sustain the action against that company. We are not at liberty to weigh the •evidence, and determine the question of fact. However, by its fifth instruction, which was refused,…

2Cases cited5 opinions

  1. Nelson v. Vermont & Canada RailroadSupreme Court of Vermont · 1854
  2. Singleton v. Southwestern RailroadSupreme Court of Georgia · 1883
  3. Lesher v. Wabash Navigation Co.Illinois Supreme Court · 1852
  4. Stanley v. WhippleU.S. Circuit Court for the District of Ohio · 1839
  5. Dobson v. CampbellU.S. Circuit Court for the District of Maine · 1833

3Cited by51 opinions

  1. Chicago & Erie Railroad v. MeechIllinois Supreme Court · 1896
  2. Anderson v. West Chicago Street RailroadIllinois Supreme Court · 1902
  3. Chicago & Eastern Illinois Railroad v. SchmitzIllinois Supreme Court · 1904
  4. Gerke v. FancherIllinois Supreme Court · 1895
  5. Parrino v. LandonIllinois Supreme Court · 1956

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