Legal Opinion

Illinois Central Railroad v. Campbell

Illinois Supreme Court

Decided November 8, 1897PublishedCited by 25 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding. This is an action on the case, brought on April 27, 1892, in the Superior Court of Cook county, by James R. Campbell, the appellee, against the Illinois Central Railroad Company, the appellant, to recover damages for a personal injury suffered by him on May 5, 1891, while in the employ of appellant as a switchman. The original declaration, which consisted of but a single count, alleged that the plaintiff, while employed by…

1Opinion of the CourtChief Justice Phillips

On the trial of this cause in the Superior Court of Cook county, that court, on motion of defendant, instructed the jury that under the evidence in the case the plaintiff was not entitled to recover under the first count of the declaration. When the plaintiff entered the employ of the defendant company he assumed all the risks incident to such employment, including any danger or injury which might result to him by reason of the frogs in the switches of appellant’s yard being unblocked. (Chicago, Rock Island and Pacific Railroad Co. v. Lonergan, 118 Ill. 41.) The only question to be…

2Cases cited3 opinions

  1. Swift & Co. v. MaddenIllinois Supreme Court · 1897
  2. Eylenfeldt v. Illinois Steel Co.Illinois Supreme Court · 1896
  3. Chicago, Rock Island & Pacific Railroad v. LonerganIllinois Supreme Court · 1886

3Cited by25 opinions

  1. Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
  2. Missouri, Kansas & Texas Railway Co. v. BagleySupreme Court of Kansas · 1902
  3. Philadelphia, Baltimore & Washington Railroad v. GattaSupreme Court of Delaware · 1913
  4. Patillo v. Allen-West Commission Co.Court of Appeals for the Eighth Circuit · 1904
  5. Boudreaux v. Tucson Gas, Electric Light & Power Co.Arizona Supreme Court · 1911

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