Chicago, Burlington & Quincy R. R. v. Lee
Illinois Supreme Court
Appeal from the Circuit Court of Henderson county; the Hon. Arthur A. Smith, Judge, presiding. This was an action on the case, brought by Mary J. Lee, administratrix of the estate of Darius B. Lee, deceased, against the Chicago, Burlington and Quincy Bailroad Company, to recover damages for causing the death of her intestate, through negligence. A trial was had at the special November term, 1872, resulting in a verdict and judgment of $5000 for the plaintiff.
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Appeal from the Circuit Court of Henderson county; the Hon. Arthur A. Smith, Judge, presiding. This was an action on the case, brought by Mary J. Lee, administratrix of the estate of Darius B. Lee, deceased, against the Chicago, Burlington and Quincy Bailroad Company, to recover damages for causing the death of her intestate, through negligence. A trial was had at the special November term, 1872, resulting in a verdict and judgment of $5000 for the plaintiff. The opinion' states the material facts of the case.
1Opinion of the CourtJustice Scott
This cause was before us on a former appeal, and the judgment was then reversed for two reasons: First, the court admitted improper testimony, and second, the negligence of the deceased was fairly presented by the evidence, but it was thought the law as to the comparative negligence of the parties was not properly stated in the instructions given.
A second trial was had, by stipulation, on the same evidence taken on the previous trial, saving all objections to the competency of the testimony. A part of the testimony decided to be improper, again appears in this record. Enough was said in the…
2Cases cited5 opinions
- St. Louis, Alton & Terre Haute R. R. v. ManlyIllinois Supreme Court · 1871
- Chicago, Burlington & Quincy Railroad v. VanPattenIllinois Supreme Court · 1872
- Chicago & Rock Island Railroad v. McKeanIllinois Supreme Court · 1866
- Bailey v. GodfreyIllinois Supreme Court · 1870
- Chicago, Burlington & Quincy Railroad v. LeeIllinois Supreme Court · 1871
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- Illinois Central Railroad v. HetheringtonIllinois Supreme Court · 1876
- Terre Haute & Indianapolis Railroad v. GrahamIndiana Supreme Court · 1883
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Dyson v. New York & New England RailroadSupreme Court of Connecticut · 1888
- Litchfield Coal Co. v. TaylorIllinois Supreme Court · 1876
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