West Chicago St. R. R. Co. v. Anderson
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Marcus Kayanagh, Judge presiding.
1Opinion of the CourtJustice Waterman
In this State when injury results from the negligent operation of a railroad, whether by the corporation to which the franchise is granted or by another corporation or other corporations which the proprietary company authorizes or permits to use its tracks, the company owning the railway tracks and franchise is liable therefor.
The theory upon which this rule is based is that the company which is permitted to use the tracks of another company is regarded, in so using, as the acting servant or agent of the owner company. Pennsylvania Co. v. Ellett, 132 Ill. 654, 659; Chicago & Erie R. R. Co. v.…
2Cases cited6 opinions
- Chicago & Erie Railroad v. MeechIllinois Supreme Court · 1896
- Castle v. . NoyesNew York Court of Appeals · 1856
- Pennsylvania Co. v. EllettIllinois Supreme Court · 1890
- Louisville, New Albany & Chicago Railway Co. v. CarsonIllinois Supreme Court · 1897
- Chicago & Rock Island Railroad v. HutchinsIllinois Supreme Court · 1864
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