Lake Shore & Michigan Southern Railway Co. v. Hundt
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. This was an action on the case, for negligence, brought by appellee, against appellant, in the Cook circuit court.
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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. R. W. Clifford, Judge, presiding. This was an action on the case, for negligence, brought by appellee, against appellant, in the Cook circuit court. The first count of the declaration is as follows: “For that whereas, the defendant, on the éth day. of November, 1888, in the county of Cook and State of Illinois, was possessed of and using and operating a railroad, extending into and through the township of Lake, in said county, with cars, locomotives, engines…
1Opinion of the CourtJustice Scholfield
It is contended on behalf of appellant, that a material part of the allegation in the declaration is, that the appellee was in the act of removing the hand-car when the freight car was switched upon him, and that the evidence in the record fails to show that this was the fact. As we understand the record, there is evidence tending to prove that the freight car causing the damage which is the subject of the litigation, was “kicked,” as it is termed by the witnesses, on to the track designated No. 1, after appellee began, with the aid of Schielcke, to remove the hand-car from the main track to…
2Cases cited1 opinion
- Lake Shore & Michigan Southern Railway Co. v. ParkerIllinois Supreme Court · 1890
3Cited by4 opinions
- Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
- Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
- Chicago & Grand Trunk Railway Co. v. SpurneyIllinois Supreme Court · 1902
- East St. Louis Connecting Railway Co. v. AltgenIllinois Supreme Court · 1904