Legal Opinion

Wisconsin Central Railroad v. Wieczorek

Illinois Supreme Court

Decided May 8, 1894PublishedCited by 36 opinions

Appeal from the Appellate Court for the First District; . —heard in that court on appeal from the Circuit Court of Cook County; the Hon. E. W. Clifford, Judge, presiding. This was an action on the case in the Circuit Court of Cook county, by appellee against appellant, to recover damages alleged to have been caused to the property of appellee, by reason of the construction and operation of appellant’s railroad.

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Appeal from the Appellate Court for the First District; . —heard in that court on appeal from the Circuit Court of Cook County; the Hon. E. W. Clifford, Judge, presiding. This was an action on the case in the Circuit Court of Cook county, by appellee against appellant, to recover damages alleged to have been caused to the property of appellee, by reason of the construction and operation of appellant’s railroad. The declaration, consisting of two counts, contained an averment that the defendant, in the year 1886, “laid divers tracks along and upon * Eebecca street, in the City of Chicago, * *…

1Opinion of the CourtJustice Shope

The action of the trial court in refusing to instruct the jury to find a verdict in appellant’s favor, is assigned for error in this court. If the firmly established principles of the common law practice are to obtain and be applied, there would seem to be but one solution of the question thus presented. Counsel forappellee files, in this court, his Appellate Court brief, which ably presents other matters involved, but does not discuss, or in fact notice, the question arising upon this assignment of error, and urged upon our consideration in the brief of appellant. Whatever view might be…

2Cases cited7 opinions

  1. Coughran v. GutcheusIllinois Supreme Court · 1857
  2. Heinsen v. LambIllinois Supreme Court · 1886
  3. People ex rel. Hubbard v. AnthonyIllinois Supreme Court · 1889
  4. Illinois Central Railroad v. McKeeIllinois Supreme Court · 1867
  5. Ogden v. Town of Lake ViewIllinois Supreme Court · 1887

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3Cited by36 opinions

  1. Condon v. SchoenfeldIllinois Supreme Court · 1905
  2. Carlin v. City of ChicagoIllinois Supreme Court · 1914
  3. Northern Trust Co. v. SanfordIllinois Supreme Court · 1923
  4. Pinkerton v. Oak Park National BankAppellate Court of Illinois · 1958
  5. Hinchliffe v. Wenig Teaming Co.Illinois Supreme Court · 1916

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