Chicago & Northwestern Railway Co. v. Hunerberg
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action by appellee against appellant to recover damages for a personal injury to her. The trial resulted in a verdict and judgment against appellant for $3,000, to reverse which this appeal is prosecuted.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action by appellee against appellant to recover damages for a personal injury to her. The trial resulted in a verdict and judgment against appellant for $3,000, to reverse which this appeal is prosecuted. It appears from the evidence that the plaintiff was the owner and resided in a house situated outside but contiguous to defendant’s right of way in the village of Palatine; that defendant had a side track in the vicinity of said house, one of the,tracks of which was in a bad and defective…
1Opinion of the CourtMcAllister, J.
The counsel for appellant, defendant below, insists that inasmuch as appellee, plaintiff below, was not hit upon her person by or thrown against anything, or upon the floor, and her only injury being from the fact of her pregnancy and miscarriage, caused by mere shock to her nerves, and fright, there was no such proximate connection between the negligence of the defendant, in respect to a rail of the switch being in a bad and defective condition, and the injury to the plaintiff, as would entitle her to recover for that injury, the damages being too remote.
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2Cases cited7 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Guille v. SwanNew York Supreme Court · 1822
- Welch v. DurandSupreme Court of Connecticut · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Eick v. Perk Dog Food Co.Appellate Court of Illinois · 1952
- Engle v. SimmonsSupreme Court of Alabama · 1906
- Philadelphia, Baltimore & Washington Railroad v. MitchellCourt of Appeals of Maryland · 1908
- Hickey v. WelchMissouri Court of Appeals · 1901
- Prescott v. RobinsonSupreme Court of New Hampshire · 1908
3 more not listed; retrieve them via the Exa API.