Legal Opinion

Griffin v. Chicago & Western Indiana R. R.

Appellate Court of Illinois

Decided March 18, 1902PublishedCited by 6 opinions

Trespass on the Case.—Personal injury. Error to the Superior Court of Cook County; the Hon. Marcus Kavanaugh, Judge, -presiding.

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Trespass on the Case.—Personal injury. Error to the Superior Court of Cook County; the Hon. Marcus Kavanaugh, Judge, -presiding. Heard in the Branch Appellate Court at the March term, 1901. In this case it appeared that the plaintiff and a number of other boys, living in the vicinity of Fifty-fourth and Wallace streets, in Chicago, Saturday afternoon, July 24, 1897, after witnessing a game of base ball, sat for a time on the sidewalk on Wallace street near to Fifty-fourth street, and just west of defendant’s and a large number of other railroad tracks. Joseph La Pointe, a witness for the…

1Opinion of the CourtJustice Waterman

delivered the opinion of the court.'

There is very little dispute as to the facts of this case. The plaintiff may have gone from Wallace street to the railroad yard by way of Fifty-fourth street or stepped on at a place between Fifty-fourth and another street.

While regarding this as immaterial, we are of the opinion that if it were of consequence the evidence is such that the jury might have found that the boys did not go upon the tracks by way of any street.

March 26, 1890, there was created an ordinance of the city of Chicago requiring every railroad corporation to construct on each side of…

2Cases cited2 opinions

  1. Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
  2. Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895

3Cited by6 opinions

  1. Strojny v. Griffin Wheel Co.Appellate Court of Illinois · 1904
  2. Heiting v. Chicago, Rock Island & Pacific Railway Co.Appellate Court of Illinois · 1911
  3. Maskaliunas v. Western Indiana RailroadAppellate Court of Illinois · 1924
  4. Yunkes v. Latrobe Steel & Coupler Co.Appellate Court of Illinois · 1907
  5. Maskaliunas v. Western Indiana RailroadAppellate Court of Illinois · 1924

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