Chicago Burlington & Quincy Railroad v. Harwood
Illinois Supreme Court
Appeal from the Circuit Court of Stark county; the Hon. J. W. Cochran, Judge, presiding. This was an action on the case, brought by appellee, as administratrix, against the appellant, for causing the death of her husband at a highway crossing, through the negligence of appellant’s servants in charge of a freight train running on the Buda and Bushville branch of its road, on August 17, 1874. The declaration contained two counts, the first charging general negligence in the…
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Appeal from the Circuit Court of Stark county; the Hon. J. W. Cochran, Judge, presiding. This was an action on the case, brought by appellee, as administratrix, against the appellant, for causing the death of her husband at a highway crossing, through the negligence of appellant’s servants in charge of a freight train running on the Buda and Bushville branch of its road, on August 17, 1874. The declaration contained two counts, the first charging general negligence in the management of the train, and the second, that no bell was rung or whistle sounded as required by the statute, in…
1Opinion of the CourtJustice Scholfield
We do not think the objections to the admissibility of the proofs, on the ground of variance from the cause of action set forth in the declaration, tenable.
It is alleged in the first count, that the defendant “ so- carelessly and improperly drove and managed the said engine and train of cars that it struck and so injured the said Biley Harwood that afterwards, on the 18th of August, 1874, he died.” In or by what acts this carelessness and impropriety in driving and managing the train were manifested is not attempted to be disclosed. It may have been by running at a greater rate of speed than…
2Cases cited2 opinions
- Chicago & Rock Island Railroad v. McKeanIllinois Supreme Court · 1866
- Indianapolis & St. Louis Railroad v. EvansIllinois Supreme Court · 1878
3Cited by26 opinions
- Sargent Co. v. BaublisIllinois Supreme Court · 1905
- Chicago City Railway Co. v. JenningsIllinois Supreme Court · 1895
- Church v. AdlerAppellate Court of Illinois · 1953
- Consolidated Coal Co. v. ScheiberIllinois Supreme Court · 1897
- Joliet Steel Co. v. ShieldsIllinois Supreme Court · 1890
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