Chicago, Burlington & Quincy R. R. v. Stumps
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action on the case, brought by Ferdinand Stumps, by his next friend, A. M. Pence, against The Chicago, Burlington and Quincy Railroad Company, to recover damages for a personal injury. This case was before this court before, and is reported in 55 Ill. 365. All the material facts are stated in the opinion.
1Opinion of the CourtJustice Scott
On the first appeal, the judgment in this case was reversed because the verdict was manifestly against the weight of the evidence. The court, in the opinion then delivered, said : “We can come to no other conclusion, from the whole evidence, than that appellee, at the time of his injury, was attempting to climb upon the ladder of one of the. cars of the train in motion, and not of the detached car standing upon the track ahead of the approaching train, and that the railway company are not chargeable with any negligence in running against such a car.”
The second trial was had upon substantially…
2Cases cited1 opinion
- Chicago & Alton Railroad v. McLaughlinIllinois Supreme Court · 1868
3Cited by19 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Ryan v. TowarMichigan Supreme Court · 1901
- Jefferson v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1896
- East St. Louis Connecting Railway Co. v. JenksAppellate Court of Illinois · 1894
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