Chicago & Northwestern Railway Co. v. Schumilowsky
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. John Gr. Rogers, Judge, presiding. This was an action on the case brought by appellee against the Chicago and Northwestern Railway Company, to recover damages for the death of August Schumilowsky, aged one year and ten months, who was killed by being run over by the company’s cars.
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Appeal from the Circuit Court of Cook county; the Hon. John Gr. Rogers, Judge, presiding. This was an action on the case brought by appellee against the Chicago and Northwestern Railway Company, to recover damages for the death of August Schumilowsky, aged one year and ten months, who was killed by being run over by the company’s cars. The accident occurred near George and May streets, in the city of Chicago, on the 21st day of June 1879. The evidence tended to show the following state of facts: The child’s parent’s lived within a few feet of the railroad track, the family consisting of the…
1Opinion of the CourtWilson, J.
Unless we are prepared to assert the doctrine that the mere fact that a person is run over by a passing train of cars on a railway entitles the party injured, or his representatives, if killed, to recover damages against the railway company, without regard to the attendant circumstances, the verdict and judgment in the present case cannot he sustained. We have searched the record in vain for proof of negligence on the part of the defendant, or its absence on the part of the plaintiff’s intestate or of those who were chargeable with the duty of exercising due care for him.
The train which…
2Cases cited2 opinions
- Toledo, Wabash & Western Railway Co. v. MillerIllinois Supreme Court · 1875
- Stevens v. City of ChicagoIllinois Supreme Court · 1868
3Cited by2 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Kuchler v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1914