Legal Opinion

Lake Shore & Michigan Southern Railroad v. Hart

Illinois Supreme Court

Decided September 15, 1877PublishedCited by 23 opinions

Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action against the Lake Shore and Michigan Southern Railroad Company, to recover damages for injuries received from being run over by a train of the defendant. There was a verdict for the plaintiff for $10,000, a remittitur by him of $5000, and judgment for the residue, from which defendant appeals.

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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action against the Lake Shore and Michigan Southern Railroad Company, to recover damages for injuries received from being run over by a train of the defendant. There was a verdict for the plaintiff for $10,000, a remittitur by him of $5000, and judgment for the residue, from which defendant appeals. The accident occurred near a station known in the record as the “ Car Shops,” on a parcel of land which is owned, and the principal portion of which is used, by the Chicago, Rock Island and…

1Opinion of the CourtJustice Sheldon

The facts set out in the declaration claimed by appellee as constituting negligence on the part of the railroad company, are, in the first count, in omitting to cause a bell to be rung or steam whistle to be sounded, or other signal to be given ; in the second count, in running its locomotive and train by the station mentioned at a high rate of speed, without sounding the whistle or ringing a bell; and in the third count, in running a freight train between a standing passenger train at a station, and the passenger house, in violation of a rule of the-company in that behalf.

As to ringing a…

2Cases cited3 opinions

  1. Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
  2. Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
  3. Chicago & Northwestern Railway Co. v. SweeneyIllinois Supreme Court · 1869

3Cited by23 opinions

  1. Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
  2. Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
  3. Louisville, New Albany & Chicago Railway Co. v. PhillipsIndiana Supreme Court · 1887
  4. Gothard v. Alabama Great Southern R. R.Supreme Court of Alabama · 1880
  5. Gulf, M. & O.R. Co. v. FreundCourt of Appeals for the Eighth Circuit · 1950

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