Legal Opinion

Chicago, R. I. & P. Ry. Co. v. Downey

Appellate Court of Illinois

Decided July 12, 1901PublishedCited by 1 opinion

Trespass on the Case, for damages resulting from the death of a person by the negligent act of another. Appeal from the Circuit Court of Rock Island County; the Hon. William H. Gest, Judge, presiding.

1Opinion of the CourtJustice Waterman

This was an action brought by appellee to recover damages said to have been sustained by the widow and next of kin of Thomas Hillings, deceased, who was killed, either while walking along or attempting to cross the track of appellant.

The principal questions in dispute upon the trial of the case were:

1st. Was the deceased upon the crossing at the time he was struck, or was he walking upon the track or attempting to cross at a place other than a crossing ? His body was found something over twenty feet from the crossing, and it is insisted by appellant that he was on the track at the place where…

2Cases cited5 opinions

  1. Chicago & Alton Railroad Co. v. KellyIllinois Supreme Court · 1899
  2. Chicago & Alton Railroad v. KellyAppellate Court of Illinois · 1898
  3. Chicago & Alton R. R. v. KellyAppellate Court of Illinois · 1899
  4. Chicago & E. I. R. R. v. JenningsAppellate Court of Illinois · 1900
  5. St. Louis, Alton & Terre Haute Railroad v. BauerIllinois Supreme Court · 1895

3Cited by1 opinion

  1. Streeter v. HumrichouseAppellate Court of Illinois · 1933

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