Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Walter
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Wabash county; the Hon. S. Z. Landes, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Wabash county; the Hon. S. Z. Landes, Judge, presiding. This was an action brought by Martin Walter, administrator of the estate of William S. Reed, deceased, against the Cleveland, Cincinnati, Chicago and St. Louis Railway Company, to recover damages resulting from the death of William S. Reed, who was killed while in the discharge of his duties as a brakeman on a freight train of the defendant, on July 5, 1891. On a trial in the circuit court the jury found defendant guilty, and…
1Opinion of the CourtJustice Craig
The first error complained of is the decision of the court admitting the testimony of the witness McClintock, who testified to the height of ordinary railroad bridges, and the decision of the court in giving plaintiff’s instruction No. 3, as follows:
“The court instructs you, that if you believe, from the iveight of the evidence in this case, that William S. Eeed, deceased, was riding up on top of a car in the train of the defendant, and was at the time in the discharge of his duty as brakeman for the defendant, and was not acting in violation of any rule of the defendant, and was in a proper…
2Cases cited1 opinion
- Chicago & Alton Railroad v. JohnsonIllinois Supreme Court · 1886
3Cited by3 opinions
- McDermott v. SevereCourt of Appeals for the D.C. Circuit · 1905
- Schwarz v. AdsitAppellate Court of Illinois · 1900
- Mobile & Ohio Railroad v. ValloweAppellate Court of Illinois · 1904