McNulta v. Lockridge
Illinois Supreme Court
Wbit of Ebeoe to the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court of Christian county; the Hon. James A. Ceeighton, Judge, presiding.' On the 15th day of January, 1887, James Molohan, and Mary E. Molohan, his wife, while attempting to cross the track of the Wabash, St. Louis and Pacific Railway Company in a sleigh, at a public crossing in Christian county, were struck by a locomotive engine and tender, and killed.
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Wbit of Ebeoe to the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court of Christian county; the Hon. James A. Ceeighton, Judge, presiding.' On the 15th day of January, 1887, James Molohan, and Mary E. Molohan, his wife, while attempting to cross the track of the Wabash, St. Louis and Pacific Railway Company in a sleigh, at a public crossing in Christian county, were struck by a locomotive engine and tender, and killed. On the 13th day of July following, Lockridge, the defendant in error, as administrator of their respective estates, brought…
1Opinion of the CourtJustice Baker
The two principal questions for determination are: First, •can an action at law be maintained against a receiver for the tort of the servants.of his predecessor in the same receivership ; and second, if such action can be maintained, did the .general issue put the plaintiff upon proof of the averments of his declarations, that at the time of the injuries complained •of Cooley was operating the railway as receiver, and that the ■defendant was subsequently appointed his successor in the receivership. In addition to these, several questions of minor •importance arise upon the rulings of the…
2Cases cited4 opinions
- Lake Shore & Michigan Southern Railway Co. v. JohnsenIllinois Supreme Court · 1891
- McNulta v. EnschIllinois Supreme Court · 1890
- Chicago, Milwaukee & St. Paul Railway Co. v. HalseyIllinois Supreme Court · 1890
- Farmers' L. & T. Co. v. Central Railroad of IowaUnited States Circuit Court · 1880
3Cited by76 opinions
- Chicago City Railway Co. v. CarrollIllinois Supreme Court · 1903
- Chicago Union Traction Co. v. JerkaIllinois Supreme Court · 1907
- Chicago & Eastern Illinois Railroad v. SchmitzIllinois Supreme Court · 1904
- Illinois Life Ass'n v. WellsIllinois Supreme Court · 1902
- Pennsylvania Co. v. ChapmanIllinois Supreme Court · 1906
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