Legal Opinion

Chicago & Eastern Illinois Railroad v. Kimmel

Illinois Supreme Court

Decided April 17, 1906PublishedCited by 7 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the First District, affirming a judgment of the Superior Court of Cook county in favor of appellee, and against appellant, for $1500.00, and costs of suit, in an action on the case, brought to recover damages on account of the death of William H. Rockhold, caused, it is alleged, by the negligence of the appellant. The facts of the case as stated by the…

1Opinion of the CourtJustice Magruder

There is evidence, tending to show that the crew, consisting of the engineer, conductor, fireman and brakeman, which had charge of the three cars loaded with cinders, arid the engine attached thereto, coming from the south, were guilty of negligence in pushing the train forward, without giving proper warning, or signal, in such a way as to make it strike against the nine cars standing upon the track. The deceased, Roclchold, was at work shoveling out cinders in one of these cars, standing upon the track. In the train coming from the south the three new cars, filled with cinders, were ahead of…

2Cases cited4 opinions

  1. Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
  2. Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883
  3. Chicago Anderson Pressed Brick Co. v. SobkowiakIllinois Supreme Court · 1894
  4. Chicago, Burlington & Quincy Railroad v. BlankAppellate Court of Illinois · 1887

3Cited by7 opinions

  1. Tills v. Great Northern Railway Co.Washington Supreme Court · 1908
  2. Aldrich v. Illinois Central RailroadIllinois Supreme Court · 1909
  3. Farrell v. Illinois Tunnel Co.Appellate Court of Illinois · 1913
  4. East St. Louis & Suburban Railway Co. v. HillAppellate Court of Illinois · 1907
  5. Makuch v. Chicago Junction Railway Co.Appellate Court of Illinois · 1912

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