Missouri Furnace Co. v. Abend
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District; —heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. George W. Wall, Judge, presiding. • On the 21st day of February, 1880, Charles Castaine, since deceased, was in the employ of the Missouri Furnace Company, as engine-driver on the switch locomotive used by the company for moving cars in and about its yards.
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Appeal from the Appellate Court for the Fourth District; —heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. George W. Wall, Judge, presiding. • On the 21st day of February, 1880, Charles Castaine, since deceased, was in the employ of the Missouri Furnace Company, as engine-driver on the switch locomotive used by the company for moving cars in and about its yards. While thus employed on that day, he in some way fell from the locomotive, and was run over by it and killed. Afterwards the administrator of his estate brought this suit against the company to recover…
1Opinion of the CourtJustice Scott
It is not insisted in this court, as was done in the courts below, that the verdict is against the weight of the evidence, nor is it expected this court will reexamine the evidence on controverted questions of fact. It will be assumed that whatever the evidence tends to prove was found in favor of plaintiff, and that finding, under the Practice act, is, of course, conclusive on this court. It is said, however, there is an entire want of evidence to sustain the averment of the declaration that deceased “used due care and diligence” for ‘ his personal safety, and that this defect is fatal to…
2Cases cited4 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- Chicago, Burlington & Quincy Railroad v. GregoryIllinois Supreme Court · 1871
- Indianapolis Bloomington & Western R. R. v. FlaniganIllinois Supreme Court · 1875
3Cited by59 opinions
- Chicago Anderson Pressed Brick Co. v. SobkowiakIllinois Supreme Court · 1894
- Chicago, Rock Island & Pacific Railway Co. v. LewisIllinois Supreme Court · 1884
- Swift & Co. v. MaddenIllinois Supreme Court · 1897
- Eureka Co. v. BassSupreme Court of Alabama · 1886
- Webster Manufacturing Co. v. NisbettIllinois Supreme Court · 1903
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