Illinois Central Railroad v. Maffit
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. A. J. Gallagher, Judge, presiding. The facts of the case are stated in the opinion of the court.
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Appeal from the Circuit Court of Macon county; the Hon. A. J. Gallagher, Judge, presiding. The facts of the case are stated in the opinion of the court. The instructions given for the plaintiff, referred to, are as follows: “4. If the jury believe, from the evidence, that the persons in charge of the engine in question saw the top of the plaintiff’s wagon as it approached the crossing, and continued to see the same until the wagon reached such crossing, and that persons approaching such crossing from the east could not see a train until they were in about thirty feet of such crossing, then it…
1Opinion of the CourtJustice Walker
This was an action on the case, brought by appellee, in the Macon circuit court, against appellant, for personal injury and loss of property, alleged to have been occasioned by appellant in running a locomotive and train of cars against appellee’s wagon, killing and crippling his horses and destroying the wagon, etc. The declaration was in the usual form. Appellant pleaded not guilty, and the case was tried by the court and a jury, the trial resulting in a verdict in favor of appellee for $450.
The court, after overruling a motion for a new trial, rendered a judgment on the verdict, and the…
2Cases cited1 opinion
- Chicago, Burlington & Quincy Railroad v. VanPattenIllinois Supreme Court · 1872
3Cited by21 opinions
- McMechen v. McMechenWest Virginia Supreme Court · 1881
- McKelvey v. Ches. & Ohio R'y Co.West Virginia Supreme Court · 1891
- Sims v. Chicago Transit AuthorityAppellate Court of Illinois · 1955
- Chicago City Railway Co. v. CanevinAppellate Court of Illinois · 1897
- Lyons v. Joseph T. Ryerson & SonIllinois Supreme Court · 1909
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