Illinois Central Railroad v. King
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Trial in the Circuit Court of Washington County; the Hon. Benjamin R. Burroughs, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.
1Opinion of the Court
Me. Justice Bi&elow
delivered the opinion of the court.
It was not contended on the part of plaintiff below, nor is it contended by his counsel here, that the boy was not a trespasser, or that the railroad company owed him any duty more than it owed any other stranger, but the contention was, and is, that the acts of the brakeman in removing the boy from the place where he was situated while the train was in motion and increasing in speed, were willful and malicious, and that the master is accountable for the consequences.
On the other hand, it is contended by counsel for appellant, first, that…
2Cases cited4 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Chicago City Railway Co. v. McMahonIllinois Supreme Court · 1882
- Chicago West Division Railway Co. v. RyanIllinois Supreme Court · 1890
- Illinois Central Railroad v. RossAppellate Court of Illinois · 1889
3Cited by3 opinions
- Alton Railway & Illuminating Co. v. CoxAppellate Court of Illinois · 1899
- Brink's Chicago City Express Co. v. BrophyAppellate Court of Illinois · 1907
- Suburban R. R. v. MalstromAppellate Court of Illinois · 1903