Lake Shore & M. S. Ry. Co. v. Ouska
Appellate Court of Illinois
Memorandum.—Action for damages. Death from negligent act. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the October term, 1893, and affirmed. Statement of the Case.
Read the full summary
Memorandum.—Action for damages. Death from negligent act. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the October term, 1893, and affirmed. Statement of the Case. On July 2, 1890, Josef Ouska was crossing the tracks of appellant on State street near 63d street, and while in the act of doing so, he wa.s killed by a suburban train, called a dummy train, coming from the east on its way to appellant’s depot at Yan Burén street in Chicago. This action is case, brought by his administratrix to recover for the death.
1Opinion of the Court
Hr. Justice Gary
delivered the opinion of the Court.
Just west of State street in the city of Chicago, twenty-one railroad tracks cross 63d street from the northwest to the southeast, and after crossing 63d street curve more toward the east and cross State street very near 63d street.
Shortly before seven o’clock of a bright clear morning on the second day of July, 1890, Joseph Ouska, the husband of the appellee, arrived on State street at 63d street on his way, with several others, to his work at a mill south of 63d. From the evidence it appears that he was stopped several minutes by a train…
2Cases cited3 opinions
- Lake Shore & Michigan Southern Railway Co. v. JohnsenIllinois Supreme Court · 1891
- Chicago, Milwaukee & St. Paul Railway Co. v. HalseyIllinois Supreme Court · 1890
- Pennsylvania Co. v. KeaneAppellate Court of Illinois · 1891
3Cited by3 opinions
- Chicago, Burlington & Quincy R. R. v. CzajaAppellate Court of Illinois · 1895
- Scott v. SchnadtAppellate Court of Illinois · 1897
- Louisville, N. A. & C. Ry. Co. v. PatchenAppellate Court of Illinois · 1896