Chicago & Great Western Ry. Co. v. Armstrong
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This is an appeal from a judgment for §12,000, rendered by the Superior Court of Cook County, in favor of appellee, in an action on the case.
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Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This is an appeal from a judgment for §12,000, rendered by the Superior Court of Cook County, in favor of appellee, in an action on the case. The facts in the case are briefly as follows: At the time of the injury complained of the appellee (then less then twenty-one years of age) was a brakeman on appellant’s road, between Dubuque and Elma, a distance of 120 miles, in the State of Iowa. He…
1Opinion of the CourtJustice Waterman
The evidence does not justify the finding of the jury that there was no handhold on the top of the car from which appellee fell; on the contrary, all of the positive testimony as to this is, that there was such a handhold, and that it ran lengthwise of the car. The remaining allegations of negligence are that the handhold was improperly placed, and that there was a failure to properly inspect this car. It is insisted that the handhold was improperly placed. This is not a matter for the determination in its discretion by a jury. If it were, one jury might find that the handhold should have run…
2Cases cited7 opinions
- Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
- Sack v. DoleseIllinois Supreme Court · 1891
- Mackin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1883
- Chicago, Burlington & Quincy Railroad v. AveryIllinois Supreme Court · 1884
- Keith v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1898
- Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Wabash Railroad v. FarrellAppellate Court of Illinois · 1898
- Denver & Rio Grande Railroad v. ScottSupreme Court of Colorado · 1905
- Chicago, Indianapolis & Louisville Ry. Co. v. BarrAppellate Court of Illinois · 1903
1 more not listed; retrieve them via the Exa API.