St. Louis, Peoria & Northern Ry. Co. v. Rawley
Appellate Court of Illinois
Trespass on the Case.—Death from negligent act. Error to the City Court of East St. Louis; the Hon. Silas Cook, Judge presiding. Heard in this court at the August term, 1902. This was an action brought against plaintiff in error for causing the death of Edward. Bawley in a collision on a road crossing in St. Clair county, about 10 o’clock p. m., July 16, 1898. The declaration has three counts.
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Trespass on the Case.—Death from negligent act. Error to the City Court of East St. Louis; the Hon. Silas Cook, Judge presiding. Heard in this court at the August term, 1902. This was an action brought against plaintiff in error for causing the death of Edward. Bawley in a collision on a road crossing in St. Clair county, about 10 o’clock p. m., July 16, 1898. The declaration has three counts. The first count charges that while the deceased was driving his horse, attached to a surrey, along said highway at the crossing of defendant’s track, the defendant negligently ran its engine and train…
1Opinion of the CourtJustice Worthington
The case was tried under the following agreement:
“ It is agreed by and between the parties that testimony of witnesses on the former trial of this case may be read in evidence in this trial with the same effect as' if the witnesses were present and testifying from the witness stand.”
The judgment rendered at the former trial was reversed - for errors which do not appear in the present record. (90 Ill. App. 653.) One of these errors was the refusal to give an instruction asked by defendant, which limited the application of evidence introduced to prove that weeds were on the side of the road…
2Cases cited3 opinions
- Chicago & Eastern Illinois Railroad v. BeaverIllinois Supreme Court · 1902
- Illinois Central Railroad v. SoudersIllinois Supreme Court · 1899
- St. Louis, Peoria & N. Ry. Co. v. RawleyAppellate Court of Illinois · 1900
3Cited by1 opinion
- Tartt v. RameyAppellate Court of Illinois · 1910