Legal Opinion

Toledo, Wabash & Western Railway Co. v. Eddy

Illinois Supreme Court

Decided January 15, 1874PublishedCited by 16 opinions

Appeal from the Circuit Court of Champaign county; the Hon. C. B. Smith, Judge, presiding. This was an action, brought by David Eddy, an employee of the Toledo, Wabash and Western Railway Company, against the company, to recover for injuries sustained by reason of a fall from a ladder furnished by the company and used by him in the course of his employment.

1Opinion of the CourtJustice Walker

It is first urged, that the court below erred in refusing to grant a change of venue in this case. The eleventh section of the law providing for changes of venue declares, that a change shall not be granted after the first term of the court at which the party applying might have been heard, unless he show that the cause has arisen or come to his knowledge subsequent to the term at which the application could have been made, and shall also give to the opposite party ten days’ notice, except where the causes have arisen or come to his knowledge within less than ten days of making the…

2Cases cited2 opinions

  1. Illinois Central Railroad v. JewellIllinois Supreme Court · 1867
  2. Toledo, Peoria & Warsaw Railway Co. v. ConroyIllinois Supreme Court · 1873

3Cited by16 opinions

  1. Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1898
  2. Stroble v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
  3. Chicago & Alton Railroad v. BragonierIllinois Supreme Court · 1886
  4. Stewart & Co. v. HarmanCourt of Appeals of Maryland · 1908
  5. Pennsylvania Co. v. BurgettIndiana Court of Appeals · 1893

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