Chicago, Burlington & Quincy Railroad v. Dickson
Illinois Supreme Court
Appeal from the Appellate-Court for the Second District;— heard in that court on appeal from the Circuit Court of LaSalle «county; the Hon. Dokkance Dibell, Judge, presiding.
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Appeal from the Appellate-Court for the Second District;— heard in that court on appeal from the Circuit Court of LaSalle «county; the Hon. Dokkance Dibell, Judge, presiding. This was an action brought by Samuel P. Dickson, against the Chicago, Burlington and Quincy Eailroad Company, to recover for an injury alleged to have been received on the 13th day of November, 1888, while the plaintiff was a passenger on one of the defendant’s freight trains going from Sheridan, in LaSalle county, to Chicago, caused by collision of the defendant’s trains at or near Downer’s Grove. It is alleged in the…
1Opinion of the Court
Per Curiam :
The first question relied upon in the argument to reverse the judgment is, that there is a fatal variance between the negligence charged in the declaration, and the proof, and for that reason it is claimed that the judgment is erroneous. The law is well settled, that in a case of this character the allegations of the declaration and proofs must agree, and a plaintiff can not charge in his declaration a specific act of negligence, and succeed on the trial by proving another act of negligence wholly different from that charged. (Chicago, Burlington and Quincy Railroad Co. v. Bell,…
2Cases cited3 opinions
- Indianapolis & St. Louis Railroad v. EstesIllinois Supreme Court · 1880
- Wabash, St. Louis & Pacific Railway Co. v. CobleIllinois Supreme Court · 1885
- Chicago, Burlington & Quincy Railroad v. BellIllinois Supreme Court · 1884
3Cited by12 opinions
- Graham v. City of ChicagoAppellate Court of Illinois · 1931
- Jepsen v. Gallatin Valley Ry. Co.Montana Supreme Court · 1921
- McCormick Harvesting Machine Co. v. SendzikowskiAppellate Court of Illinois · 1897
- Simon v. City of ChicagoAppellate Court of Illinois · 1935
- Central Union Building Co. v. KolanderIllinois Supreme Court · 1904
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