Illinois Central Railroad v. Godfrey
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. Arthur J. Gallagher, Judge, presiding. This was an action on the case, brought by appellee against appellant, to recover for injuries received from being run against by a switch engine in appellant’s yard, at Decatur, a short distance north of the crossing of the Toledo, Wabash and Western railway.
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Appeal from the Circuit Court of Macon county; the Hon. Arthur J. Gallagher, Judge, presiding. This was an action on the case, brought by appellee against appellant, to recover for injuries received from being run against by a switch engine in appellant’s yard, at Decatur, a short distance north of the crossing of the Toledo, Wabash and Western railway. The evidence shows that the defendant’s road at the locality of the crossing, consists of three tracks, running in almost a right line for a distance of some 500 feet south from, and over 200 feet north from the crossing of the Toledo, Wabash…
1Opinion of the CourtJustice Sheldon
This cause was tried in ’the court below, and submitted to the.jury, as manifested by the instructions given and refused, upon an erroneous theory, which was, that, from the fact of the citizens of Decatur having been in the habit of passing and re-passing over the portion of defendant’s right of way, where the injury in question occurred, the plaintiff had acquired some right which affected the defendant’s relation toward him, and that, at the time of the accident, he was in the exercise of a legal right. It very materially affects the question of the respective duties and liabilities of the…
2Cases cited3 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Aurora Branch Railroad v. GrimesIllinois Supreme Court · 1852
- Illinois Central Railroad v. McKeeIllinois Supreme Court · 1867
3Cited by99 opinions
- Lake Shore & Michigan Southern Railway Co. v. BodemerIllinois Supreme Court · 1892
- Illinois Central Railroad v. HetheringtonIllinois Supreme Court · 1876
- Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- Illinois Central Railroad v. EicherIllinois Supreme Court · 1903
- Illinois Central Railroad v. LeinerIllinois Supreme Court · 1903
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