Joliet, Aurora & Northern Railway Co. v. Velie
Appellate Court of Illinois
Appeal from the Circuit Court of Kane County; the Hon. Isaac Gr. Wilson, Judge, presiding. This action was brought by the appellee to recover damages for personal injuries received by being run over by the engine of the appellant while in its employ as conductor and acting brabeman, while in the line of his duty in uncoupling ■the engine from the freight cars.
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Appeal from the Circuit Court of Kane County; the Hon. Isaac Gr. Wilson, Judge, presiding. This action was brought by the appellee to recover damages for personal injuries received by being run over by the engine of the appellant while in its employ as conductor and acting brabeman, while in the line of his duty in uncoupling ■the engine from the freight cars. The gravamen of the action is the alleged negligénce of appellant in various particulars set out in the declaration, all but one of which we deem it unnecessary to notice, as in the view we take of the case there was no evidence that…
1Opinion of the CourtLacey, J.
The only points which the appellant insists upon as error, are, first, the court overruled its motion to take the case from the jury, and, second, in overruling the motion for a new trial on the ground that the verdict was contrary to the evidence and not supported thereby.
It is not seriously contended that appellee was not in the exercise of ordinary care at the time of the injury, but it is insisted that he entered and continued in the service of the appellant after knowing all the defects in the appliances and machinery and dangers in the requirements of the service which he engaged to…
2Cases cited5 opinions
- Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
- Pennsylvania Co. v. LynchIllinois Supreme Court · 1878
- Chicago, Burlington & Quincy Railroad v. WarnerIllinois Supreme Court · 1884
- Chicago & Alton Railroad v. BragonierIllinois Supreme Court · 1886
- Chicago, Burlington & Quincy Railroad v. WarnerIllinois Supreme Court · 1887
3Cited by1 opinion
- Illinois Central Railroad v. RobinsonAppellate Court of Illinois · 1895