Legal Opinion

Chicago & Alton Railroad v. O'Neil

Appellate Court of Illinois

Decided June 11, 1896Published

Trespass on the Case.—Death resulting from negligence. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding.

1Opinion of the CourtJustice Waterman

The deceased was killed by a car moving on a track described by one witness as “ Nelson Morris beef house track.” Appellant contends that the track belonged to the Union Stock Tards Co., upon which track appellant ran its cars by agreement with the Stock Tards Co. Granted that the contention of appellant in this regard is correct, and it does not follow that the deceased was, at the time she was struck, a trespasser. She was employed in the packing house of Nelson Morris. That hundreds of employes were in the daily habit of walking on the tracks at “ quitting time,” the hour she was injured,…

2Cases cited1 opinion

  1. Lake Shore & Michigan Southern Railway Co. v. ProbeckAppellate Court of Illinois · 1889

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