Chicago & Alton Railroad v. Glenny
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding. This was an action on the case by appellees, against appellant, for damages occasioned by fire caused by a passing locomotive on defendant’s railroad, destroying certain buildings and personal property belonging to the plaintiffs.
Read the full summary
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding. This was an action on the case by appellees, against appellant, for damages occasioned by fire caused by a passing locomotive on defendant’s railroad, destroying certain buildings and personal property belonging to the plaintiffs. There was a trial by jury resulting in a verdict for plaintiffs for $7849.18. The trial court required plaintiff to remit $1349.18, and, after overruling defendant’s motion for a new trial, the…
1Opinion of the CourtJustice Wilkin
The argument of counsel for appellant here is chiefly devoted to a criticism of the opinion of the Appellate Court. We concur in the views of that court, and regard the objections urged against the reasoning of the opinion without force.
It appears that the property destroyed was partly covered by insurance, and the insurance company had paid the loss before this action was brought. It is said this suit is in fact brought by that company, the intimation being, that inasmuch as plaintiffs had received compensation for their loss from the insurance company they cannot maintain this action…
2Cases cited6 opinions
- Libby, McNeill & Libby v. SchermanIllinois Supreme Court · 1893
- Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
- Pyle v. PyleIllinois Supreme Court · 1895
- Peoria Marine & Fire Insurance v. FrostIllinois Supreme Court · 1865
- American Express Co. v. HaggardIllinois Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- Caledonia Insurance v. Northern Pacific Railway Co.Montana Supreme Court · 1905
- Illinois Central Railroad v. BaileyIllinois Supreme Court · 1906
- Egan v. British & Foreign Marine InsuranceIllinois Supreme Court · 1901
- M. H. Boals Planing Mill Co. v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Court of Illinois · 1918
2 more not listed; retrieve them via the Exa API.