Legal Opinion

Schneider v. Chicago Terminal Transfer Railroad

Appellate Court of Illinois

Decided July 9, 1909No. Gen. No. 14,425PublishedCited by 1 opinion

Action in case for death caused by alleged wrongful act. Error to Circuit Court of Cook county; the Hon. Samuel C. Stough, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1909.

1Opinion of the Court

Mr. Justice Smith delivered

the opinion of the court.

The main contention of plaintiff in error is that the decedent was a trespasser, or at most a licensee, and under the declaration, which did not aver wantonness or wilfulness in injuring him, there could be no recovéry. In support of this proposition the following cases are cited: Wabash R. R. Co. v. Jones, 163 Ill. 167; I. C. R. R. Co. v. Eicher, 202 id. 556; Bartlett v. Wabash, R. R. Co., 220 id. 163; Thompson v. C. C. C. & St. L. Ry. Co., 226 id. 542, and certain Appellate Court decisions. In these cases it was held that, “A railroad…

2Cases cited4 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. BodemerIllinois Supreme Court · 1892
  2. Chicago & Alton Railroad v. DillonIllinois Supreme Court · 1888
  3. Wabash Railroad v. JonesIllinois Supreme Court · 1896
  4. Chicago & Alton Railroad v. SandersAppellate Court of Illinois · 1894

3Cited by1 opinion

  1. Coyne v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Court of Illinois · 1917

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API