Legal Opinion

Chicago & Northwestern Railway Co. v. Coss

Illinois Supreme Court

Decided September 15, 1874PublishedCited by 11 opinions

Appeal from the Circuit Court of McHenry county; the Hon. Theodore D. Mdephy, Judge, presiding. This was an action on the case, hy William Coss against the Chicago and 27orthwestern Railway Company. The facts of this case appear from the plaintiff’s declaration, the substance of which is given in the opinion of the court. The defendant was defaulted in the court below for want of a plea.

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Appeal from the Circuit Court of McHenry county; the Hon. Theodore D. Mdephy, Judge, presiding. This was an action on the case, hy William Coss against the Chicago and 27orthwestern Railway Company. The facts of this case appear from the plaintiff’s declaration, the substance of which is given in the opinion of the court. The defendant was defaulted in the court below for want of a plea. The jury assessed the plaintiff’s damages at $3700. The plaintiff remitted $1500. The defendant, after the assessment of damages, moved in arrest of judgment, which was denied, and judgment rendered against…

1Opinion of the CourtChief Justice Walker

Appellant raises a number of questions on this record, amongst which is one that the court below erred in overruling a motion in arrest of judgment, and in support of that objection it is urged that the declaration fails to show any cause of action. It contains the averment that the company had a passenger depot at Crystal Lake, on its road, and that appellee went to the station for the purpose of taking passage on one of its trains to Cary station; that it was the duty of appellant to keep safe and convenient approaches, so that persons could go safely from the depot to the passenger cars,…

2Cases cited1 opinion

  1. Chicago, Burlington & Quincy Railroad v. DeweyIllinois Supreme Court · 1861

3Cited by11 opinions

  1. Chicago & Eastern Illinois Railroad v. HinesIllinois Supreme Court · 1890
  2. City of LaSalle v. KostkaIllinois Supreme Court · 1901
  3. Flansburg v. BasinAppellate Court of Illinois · 1878
  4. Gulf, C. & S. F. Ry. Co. v. DeesSupreme Court of Oklahoma · 1914
  5. Chicago & Eastern Illinois Railroad v. HinesAppellate Court of Illinois · 1889

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