Clark v. Wabash Railroad
Appellate Court of Illinois
Memorandum.—Action for damages. Death from negligent act. Error to the Circuit Court of Sangamon County; the Hon. Jacob Fouke, Judge, presiding.
1Opinion of the CourtJustice Pleasants
This was an action on the case brought by plaintiff in error to recover damages for the death of Frank P. Clark, her intestate, alleged to have been caused by negligence of the defendant in error.
When she rested her case the defendant moved the court below to exclude the evidence and direct a verdict of not guilty, which was allowed, and a verdict returned accordingly. The propriety of this action on the part of the court is the main question presented by the assignments of error.
It appears that the deceased was engineer of defendant’s fast passenger train, No. 42, going east from Springfield…
2Cases cited4 opinions
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- Bartelott v. International BankIllinois Supreme Court · 1887
- Illinois Central Railroad v. NeerAppellate Court of Illinois · 1887
- Ohio & Mississippi Railway Co. v. RobbAppellate Court of Illinois · 1890
3Cited by2 opinions
- Terre Haute & Ind. R. R. v. LeeperAppellate Court of Illinois · 1895
- Wabash Railroad v. BhymerAppellate Court of Illinois · 1904