Legal Opinion

Devine v. Chicago & Calumet River Railroad

Appellate Court of Illinois

Decided December 3, 1912No. Gen. No. 17,478PublishedCited by 1 opinion

Action in case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook county; the Hon. William H. McSurely, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1911.

1Opinion of the CourtJustice Barnes

Plaintiff recovered a judgment of $10,000 for damages resulting from the death of plaintiff’s intestate, caused by injuries received while working for defendant as switchman. The case was submitted to a jury upon two counts of the declaration only, one of which charged a violation of the State railroad safety appliance act, and the other a violation of the Federal railroad safety appliance act—in that the defendant used upon its railroad in moving traffic a locomotive engine equipped with an automatic coupler in such inoperative condition that it could not be uncoupled from the side of the…

2Cases cited10 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Southern Railway Co. v. United StatesSupreme Court of the United States · 1911
  3. Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
  4. Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
  5. Illinois Central Railroad v. SilerIllinois Supreme Court · 1907

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3Cited by1 opinion

  1. Curran v. Chicago Short Line Railway Co.Appellate Court of Illinois · 1916

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