Legal Opinion

Chmielewicz v. Chicago Heights Terminal Transfer Railroad

Appellate Court of Illinois

Decided February 13, 1912No. Gen. No. 16,140Published

Action in case for death caused by alleged wrongful act. Appeal from the City Court of Chicago Heights; the Hon. Homer Abbott, Judge, presiding.

1Opinion of the CourtJustice Kavanagh

A little after one o’clock on the afternoon of September 23, 1908, Albert Pawlus, a Polish laborer, who was then about thirty-five years of age, was struck and killed by the cars belonging to appellant on what is known as Seventeenth street in the city of Chicago Heights. After a verdict against appellant for five thousand dollars in the court below, appellee remitted one thousand dollars, and from a judgment for four thousand dollars appellant comes to this court, alleging many errors on the trial below.

The Bailroad Company claims first, that deceased was a trespasser; that the right of way…

2Cases cited10 opinions

  1. Zearing v. RaberIllinois Supreme Court · 1874
  2. Illinois Central Railroad v. HammerIllinois Supreme Court · 1874
  3. Earll v. City of ChicagoIllinois Supreme Court · 1891
  4. City of Sullivan v. TichenorIllinois Supreme Court · 1899
  5. Fairbury Union Agricultural Board v. HollyIllinois Supreme Court · 1897

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