Chicago & W. I. R. R. v. Doan
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding.
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Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding. Heard in this court at the March term, 1900. Statement by the Court.—Appellee, November 29,1895, then a young woman aged seventeen years, was injured by being struck by the tender of an engine drawing'a passenger train of the Chicago & Eastern Illinois Railroad Company upon the railway tracks of appellant company, the former company being a lessee of the latter. She brought suit against the former company for her injuries, and later joined appellant as a…
1Opinion of the CourtJustice Windes
Appellant’s counsel contend :
1st. That there can be no recovery against appellant for the negligence of the Monon company, for the reason, as they claim, the charges of negligence in the declaration against that company are by way of recital merely. This claim is clearly untenable. The declaration, as will be seen from the statement preceding this opinion, directly and positively alleges negligence of the Monon company in running its trains at a high and dangerous rate of speed, to wit, twenty-five miles per hour, without ringing a bell, sounding a whistle or giving any alarm or notice, and…
2Cases cited2 opinions
- Pennsylvania Co. v. EllettIllinois Supreme Court · 1890
- Toledo, Peoria & Warsaw Railway Co. v. RumboldIllinois Supreme Court · 1866
3Cited by3 opinions
- St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
- Chicago Telephone Co. v. HillerAppellate Court of Illinois · 1903
- Danziger v. Pittsfield Shoe Co.Appellate Court of Illinois · 1903