Chicago & Eastern Illinois R. R. v. McKnight
Appellate Court of Illinois
Appeal from the Circuit Court of Iroquois county; the Hon. Franklin Blades, Judge, presiding. This suit was brought by the appellee to recover damages for the wrongful killing of Barbara McKnight, on Feb. 21, 1883, by the train of the appellant, which was a construction train with a caboose attached, and was backing from Milford to Wellington on the track of the railroad.
Read the full summary
Appeal from the Circuit Court of Iroquois county; the Hon. Franklin Blades, Judge, presiding. This suit was brought by the appellee to recover damages for the wrongful killing of Barbara McKnight, on Feb. 21, 1883, by the train of the appellant, which was a construction train with a caboose attached, and was backing from Milford to Wellington on the track of the railroad. The deceased, with James McDonald and William Coffee, section men on the appellant’s road, and Thomas Connors, section foreman on the west end of the Wellington and Cissna branch of the road, and his son, Dennis Conners,…
1Opinion of the CourtLacey, P. J.
The appellant insists that the position of the appellee in being on the hand car was that of trespasser, but we are inclined to the opinion that the evidence warrants the belief that she was not a trespasser, but that she was there by its permission, and occupied the same position as the railroad section men who were on the hand car — that of persons riding on the hand car for their own accommodation, and on account of their own business, and not for any profit or business of the company. These employes of the appellant who were on the hand car were not, at the time of the collision, in the…
2Cases cited1 opinion
- Burling v. Illinois Central RailroadIllinois Supreme Court · 1877
3Cited by3 opinions
- Welch v. New Harper Hotel Co.Appellate Court of Illinois · 1915
- Williams v. Chicago & Alton RailroadAppellate Court of Illinois · 1890
- Cleveland, Akron & Columbus Railway Co. v. WorkmanOhio Supreme Court · 1902