Chicago, Rock Island & Pacific Railway Co. v. Miller
Appellate Court of Illinois
Action in case for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Statement ky the Court. Appellants prosecute this .appeal from a judgment against them entered in the Circuit Court in favor of appellee for personal injuries.
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Action in case for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Statement ky the Court. Appellants prosecute this .appeal from a judgment against them entered in the Circuit Court in favor of appellee for personal injuries. The injuries for which the action was brought were received May 24, 1902. At that time appellant, the Terminal Company, was the owner of the Grand Central passenger station near the intersection of Fifth avenue and Harrison street, Chicago, and certain railway tracks appurtenant thereto. Appellant, The…
1Opinion of the CourtJustice Smith
One of the questions involved in the case is, was appellee at the time of the accident in the exercise of ordinary care for his own safety?
The testimony of Peasley, the locomotive engineer who was in charge of the locomotive which struck appellee, is that he saw the gang working there before his locomotive went upon track seven, and saw them all clear of track seven. When he first saw appellee he was down spiking plank and that he got up and was clear of track seven, but he did not look around; that he gave two whistles to attract his attention, and appellee stepped over to the left just so…
2Cases cited4 opinions
- Wilson v. Illinois Central RailroadIllinois Supreme Court · 1904
- Lake Shore & Michigan Southern Railroad v. HartIllinois Supreme Court · 1877
- Belt Railway Co. v. SkszypczakIllinois Supreme Court · 1907
- Hoy v. Terminal RailroadAppellate Court of Illinois · 1896
3Cited by1 opinion
- Shea v. Chicago & Oak Park Elevated RailroadAppellate Court of Illinois · 1913