Andrew v. Chicago & North-Western Railway Co.
Appellate Court of Illinois
Appeal from the Circuit Court of Boone County; the Hon. Charles Kjellum, Judge, presiding. This is an action on the case.
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Appeal from the Circuit Court of Boone County; the Hon. Charles Kjellum, Judge, presiding. This is an action on the case. The declaration contains only one count, which reads as follows: “ John Andrew, plaintiff, administrator of the estate of Charles Kelly, deceased, who died intestate, complains of the Chicago & North-Western Railway Company, defendant, of a plea of trespass on the c3.se; for that, whereas, the defendant, in the lifetime of said Charles Kelly, to wit, on the seventeenth day of February, 1891,.in Belvidere, to wit, in the county of Boone and State of Illinois, was possessed'…
1Opinion of the CourtJustice Lacey
It will be perceived by a reading of the declaration, that this was a suit by the appellant against appellee to recover damages for the unlawful killing of the deceased, Chas. Kelly. The declaration charges negligence in backing a train on a dark night, upon one of the railroad tracks of appellee, at a certain depot in Belvidere, where appellant’s decedent was at the time pursuing it to take passage, and running over and killing him, while he at the time was in the exercise of care and caution.
The declaration is somewhat prolix, setting forth the surroundings of the accident with unnecessary…
2Cited by2 opinions
- Alton Railway v. FouldsAppellate Court of Illinois · 1899
- Ward v. Chicago & N. W. Ry. Co.Appellate Court of Illinois · 1895