Arnold v. Illinois Central Railroad
Illinois Supreme Court
Appeal from the Circuit Court of Lee county; the Hon. William W. Heaton, Judge, presiding. This was an action on the case, by appellant, against appellee, for negligence in running its freight train on which- appellant was being carried as a passenger, whereby appellant was injured. Appellee pleaded not guilty, and four special pleas. To the latter, appellant demurred.
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Appeal from the Circuit Court of Lee county; the Hon. William W. Heaton, Judge, presiding. This was an action on the case, by appellant, against appellee, for negligence in running its freight train on which- appellant was being carried as a passenger, whereby appellant was injured. Appellee pleaded not guilty, and four special pleas. To the latter, appellant demurred. The court sustained the demurrer to the first and second special pleas, and overruled it as to the third and fourth. Appellant abiding by his demurrer to the third and fourth pleas, and refusing to plead over, the court gave…
1Opinion of the CourtJustice Soholfield
The objections taken to the judgment of the court below in overruling the pleas, relate chiefly to what is thereby interposed as a contract obligating appellant not to assert a claim for damages on account of the negligence, other than gross, of its servants. It is claimed there is no valuable consideration to support the promise of appellant, and that the object sought thereby to be attained is contrary to public policy.
The doctrine is settled, in this court, that railroad companies may. by contract, exempt themselves from liability on account of the negligence of their servants, other than…
2Cases cited1 opinion
- Illinois Central Railroad v. ReadIllinois Supreme Court · 1865
3Cited by20 opinions
- Chicago & Northwestern Railway Co. v. ChapmanIllinois Supreme Court · 1890
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MahoneyIndiana Supreme Court · 1897
- Illinois Central Railroad v. BeebeIllinois Supreme Court · 1898
- Maney v. Chicago, Burlington & Quincy R. R.Appellate Court of Illinois · 1893
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