Illinois Central Railroad v. Weldon
Illinois Supreme Court
Appeal 'from the Circuit Court of Whiteside county; the Hon. W. W. Heaton, Judge, presiding. This was an action on the case, brought under the statute, by Martin Weldon, as administrator of Christopher Weldon, deceased, for the benefit of the widow and next of kin, against the Illinois Central Bailroad Company, for wrongfully causing the death of the said Christopher.
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Appeal 'from the Circuit Court of Whiteside county; the Hon. W. W. Heaton, Judge, presiding. This was an action on the case, brought under the statute, by Martin Weldon, as administrator of Christopher Weldon, deceased, for the benefit of the widow and next of kin, against the Illinois Central Bailroad Company, for wrongfully causing the death of the said Christopher. The circumstances attending the accident were briefly these : the deceased, being in the employment of a coal dealer, as a laborer in unloading coal from cars at the company’s depot in Dixon, in this State, on the day of the…
1Opinion of the CourtChief Justice Breese
Several objections are made on this record, but we shall address ourselves to those bearing upon the instructions. Preliminary to this, an objection raised on the rejection of the testimony of Woolley, a witness called for appellants, will be disposed of. Woolley, the rejected witness, was an employee of appellants in. a capacity connecting him with the making up of trains for the road, and when offered as a witness, was rejected, on the ground of interest, being liable over to appellants.
The rule of the common law in relation to the interest of a witness is familiar to all, and operated in…
2Cases cited3 opinions
- Tilley v. . the H.R.R.R. Co.New York Court of Appeals · 1864
- Chicago & Alton Railroad v. ShannonIllinois Supreme Court · 1867
- Conant v. GriffinIllinois Supreme Court · 1868
3Cited by38 opinions
- Hall v. GillinsIllinois Supreme Court · 1958
- Elliott v. WillisIllinois Supreme Court · 1982
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Lake Shore & Michigan Southern Railway Co. v. HessionsIllinois Supreme Court · 1894
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
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