Legal Opinion

Galena & Chicago Union Railroad v. Yarwood

Illinois Supreme Court

Decided June 15, 1856PublishedCited by 32 opinions

This was an action of trespass on the case by Yarwood against the appellant, for personal injuries. The first count of the declaration avers that Yarwood was a passenger on the cars of the appellant from Elgin to Clinton, in the county of Kane, on the 2nd of Augu/t, 1852; that “ just before reaching the said station or stopping place at said Clinton, by the action of the wheels of the said engine and cars, the said iron and wooden rails were torn up for a great distance, to…

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This was an action of trespass on the case by Yarwood against the appellant, for personal injuries. The first count of the declaration avers that Yarwood was a passenger on the cars of the appellant from Elgin to Clinton, in the county of Kane, on the 2nd of Augu/t, 1852; that “ just before reaching the said station or stopping place at said Clinton, by the action of the wheels of the said engine and cars, the said iron and wooden rails were torn up for a great distance, to wit, for the distance of twenty feet, in consequence of the said rails being constructed of poor material, and so…

1Opinion of the CourtScates, C. J.

The preponderance of evidence is not such, on this trial as it was on the former, as to demand the interposition of the court.

The instructions demand the only notice that we are called upon to give this case, and these, being numerous, we shall confine ourselves to such as appear questionable, or have been particularly challenged.

The ninth and fifteenth instructions in the defendant’s series, given by the court, are as follows:

“ 9. That if the jury believe, from the evidence, that the accident and injury complained of happened by reason of the neglect of the engineer in charge of the…

2Cited by32 opinions

  1. North Chicago Street Railway Co. v. CottonIllinois Supreme Court · 1892
  2. Chicago City Railway Co. v. CarrollIllinois Supreme Court · 1903
  3. Pittsburgh, Fort Wayne, & Chicago Railway Co. v. RubyIndiana Supreme Court · 1871
  4. Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
  5. Cook v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880

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