Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Bovard
Appellate Court of Illinois
Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook County; the Hon. Elbridge Hanect, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court.
Read the full summary
Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook County; the Hon. Elbridge Hanect, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. This is an appeal by the defendant (the appellant) from a judgment of the Superior Court of Cook County rendered on the verdict of a jury against it in favor of the plaintiff (the appellee) for $5,000. The appellee sued under the statute as administratrix for negligence causing the death of the intestate, her husband. The first count of the declaration alleged that the…
1Opinion of the CourtJustice Brown
The attack made by appellant on this judgment centers principally in the proposition made by it, that the deceased and the men handling the caboose at the time of the accident were fellow-servants. So “clearly and unquestionably” were they so, its counsel argue, that the trial judge should have directed a verdict for the defendant according to the instructions asked by it at the close of all the evidence, under the doctrine announced in Chicago City Ry Co. v. Leach, 208 Ill., 198.
Further it is said, that error was committed by the court in refusing instruction numbered one, asked by the…
2Cases cited2 opinions
- Chicago City Railway Co. v. LeachIllinois Supreme Court · 1904
- Illinois Steel Co. v. MannIllinois Supreme Court · 1902
3Cited by2 opinions
- Tate v. Missouri Pacific Railway Co.Appellate Court of Illinois · 1910
- Variety Manufacturing Co. v. Mills Novelty Co.Appellate Court of Illinois · 1908