New York, Chicago & St. Louis Railroad v. Blumenthal
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. This is an action, brought by appellee against the appellant company to recover damages for a personal injury. Verdict and judgment in the trial court were in favor of the plaintiff, and the judgment has been affirmed by the Appellate Court whence the case is brought here by appeal.
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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. This is an action, brought by appellee against the appellant company to recover damages for a personal injury. Verdict and judgment in the trial court were in favor of the plaintiff, and the judgment has been affirmed by the Appellate Court whence the case is brought here by appeal. The declaration charges that plaintiff is a cattleman by trade, and was engaged in the business of droving cattle from one station to another on…
1Opinion of the CourtJustice Magruder
The first contention of the appellant is, that the court refused to give the first instruction asked by the defendant below, which was that the evidence was insufficient to maintain the plaintiff’s case as charged in his declaration, and that, therefore, the verdict should be for the defendant. We think that there was sufficient evidence, tending to establish a cause of action, to justify the submission of the case to the jury.
Twenty cars of the freight train were carrying the cattle of which plaintiff had charge. Between these and the engine were three or four box cars containing dead…
2Cases cited15 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Chicago & Alton Railroad v. PillsburyIllinois Supreme Court · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Springer v. FordIllinois Supreme Court · 1901
- Davis v. South Side Elevated RailroadIllinois Supreme Court · 1920
- Cobb v. Marshall Field & Co.Appellate Court of Illinois · 1959
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