Chicago, Indianapolis & Louisville Ry. Co. v. Barr
Appellate Court of Illinois
Trespass on the Case.—Death from negligent act. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge presiding. Heard in this court at the March term, 1902. This is an action brought by appellee as administrator of the estate of Charles M. Campbell, deceased, against appellant, to recover damages for the death of said Campbell while he was in its employ.
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Trespass on the Case.—Death from negligent act. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge presiding. Heard in this court at the March term, 1902. This is an action brought by appellee as administrator of the estate of Charles M. Campbell, deceased, against appellant, to recover damages for the death of said Campbell while he was in its employ. The deceased was a switchman by occupation, thirty-eight years of age, and in good health at the time he received the injuries which caused his death. He had been working for appellant as a switchman for more than a…
1Opinion of the Court
Opinion
2Per curiam
The sole question in this case is this: Under the evidence, was the trial court justified in the refusal to take the case from the jury ?
Appellee contends, it appears from the evidence that in the doing of their work the switchmen were at times compelled to climb from the rear footboard over the tender while the engine ivas in motion, either to communicate with the engineer or to get a flag or a lantern from out the tool-box, and that the absence of a ladder, or steps, or of additional grab-irons, made this duty dangerous, and therefore this tender was not constructed in a reasonably…
3Cases cited5 opinions
- City of LaSalle v. KostkaIllinois Supreme Court · 1901
- Swift & Co. v. O'NeillIllinois Supreme Court · 1900
- Lawless v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1883
- Chicago & Eastern Illinois Railroad v. KnappIllinois Supreme Court · 1898
- Chicago & Great Western Ry. Co. v. ArmstrongAppellate Court of Illinois · 1896