Anderberg v. Chicago & N. W. Ry. Co.
Appellate Court of Illinois
Trespass on the Case. — Death from negligence. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the March term, 1901. Statement. — This suit was brought by appellant, as administrator of the estate of Anton E. Anderberg, deceased, to recover damages for the death of his intestate, caused, as is alleged, through negligence of appellee.
Read the full summary
Trespass on the Case. — Death from negligence. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the March term, 1901. Statement. — This suit was brought by appellant, as administrator of the estate of Anton E. Anderberg, deceased, to recover damages for the death of his intestate, caused, as is alleged, through negligence of appellee. Appellant’s intestate was a switchman in the employ of the appellee railroad company. His duties took him, as one of a freight switching crew, into the yards of the Lassig Bridge Works and upon…
1Opinion of the CourtJustice Sears
It is difficult to perceive how any negligence of the appellee can be predicated upon the facts of this case. No negligence is charged in the construction or maintaining of the structure by which appellant’s intestate was knocked from the car. None could be, for the structure was built and maintained by another, company, viz., the Lassig Bridge Works, upon its own property. It is charged by the declaration that there was negligence in the managing of the train, but none is shown by the evidence, unless it can be held that the very running of any train under the box or bridge constituted…
2Cases cited5 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- North Chicago Street Railroad v. DudgeonIllinois Supreme Court · 1900
- Swift & Co. v. O'NeillIllinois Supreme Court · 1900
- Chicago, R. I. & P. Ry. Co. v. ClevelandAppellate Court of Illinois · 1900
3Cited by4 opinions
- American Malting Co. v. LeliveltAppellate Court of Illinois · 1902
- Eckhart & Swan Milling Co. v. SchaeferAppellate Court of Illinois · 1905
- Galveston, Harrisburg & San Antonio Railway Co. v. BrownCourt of Appeals of Texas · 1903
- Marshall v. FordAppellate Court of Illinois · 1906