Legal Opinion

Newell v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Appellate Court of Illinois

Decided March 10, 1913Published

Appeal from the Circuit Court of Saline county; the Hon. A. W. Lewis, Judge, presiding. Heard in this court at the October term, 1912.

1Opinion of the CourtJustice Higbee

George Newell was run over and killed by a freight engine or car on the tracks of appellant, in the city of Harrisburg, Illinois, October 2, 1910. Appellee, Josie Newell, his widow, was appointed administratrix of his estate and as such brought suit to recover damages for his death. The declaration which consisted of three counts charged first, that while Newell, with due care was attempting to cross appellant’s railroad on a street of said city, the servants of appellant so carelessly and improperly propelled and ran a locomotive engine on said railroad, upon and against him, that he was…

2Cases cited4 opinions

  1. Chicago & Eastern Illinois Railroad v. HeereyIllinois Supreme Court · 1903
  2. Illinois Central Railroad v. NowickiIllinois Supreme Court · 1893
  3. Collison v. Illinois Central RailroadIllinois Supreme Court · 1909
  4. Chicago Terminal Transfer Railroad v. ReddickAppellate Court of Illinois · 1907

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