Chicago Junction Railway Co. v. McAnrow
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. Marcus Kavanage, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1903.
1Opinion of the CourtJustice Baker
The declaration alleged that defendant owned, operated and possessed the railroad tracks upon which the engine ran which killed Curran. Appellant insists that as the evidence shows only that appellant was in the possession of and operating said tracks, but not that it was the owner of them, the judgment must be reversed. We do not think that the plaintiff was bound to prove ownership of appellant, although it was as averred, but that proof of possession and operation of the tracks was sufficient.
The declaration charged inter alia, as negligence, the failure of the flagman of defendant to warn…
2Cases cited6 opinions
- Chicago, Rock Island & Pacific Railway Co. v. CloughIllinois Supreme Court · 1890
- Boyle v. Illinois Central R. R.Appellate Court of Illinois · 1900
- Chicago & Alton Railroad v. LewandowskiIllinois Supreme Court · 1901
- Chicago & Alton Railroad v. RedmondAppellate Court of Illinois · 1897
- Cleveland, C., C. & St. L. R. R. Co. v. BruceAppellate Court of Illinois · 1896
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3Cited by3 opinions
- Niemi v. SpragueAppellate Court of Illinois · 1937
- Urban v. Pere Marquette RailroadAppellate Court of Illinois · 1930
- Wall v. Chesapeake & Ohio Railway Co.Appellate Court of Illinois · 1918