Lake Shore & Michigan Southern Railway Co. v. Bodemer
Illinois Supreme Court
Appeal from 'the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.
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Appeal from 'the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is an action on the case begun on September 28,1886, in the Superior Court of Cook County, by the appellee, as administrator of the estate of Philip Bodemer Jr., deceased, to recover damages for the death of said Philip Bodemer Jr., who was killed, while trying to cross the tracks of the appellant company at a point between Twenty fifth and Twenty sixth Streets in the city of Chicago. The trial in the court below…
1Opinion of the CourtChief Justice Magruder
It is assigned as error, that the trial Court refused, at the conclusion of the testimony on both sides, to instruct the jury, as then requested by the defendant, to find for the defendant. The position of the appellant is that the deceased was a trespasser upon its right of way, attempting to cross the tracks where there was no public crossing. It has been held that, where a trespasser upon the tracks of a railroad company is injured, the company is not liable, unless the injury was wantonly or wilfully inflicted, or was the result of such gross negligence as evidences wilfulness. By…
2Cases cited6 opinions
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Illinois Central Railroad v. HetheringtonIllinois Supreme Court · 1876
- Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- Chicago & Alton Railroad v. GregoryIllinois Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Bernier v. Illinois Central RailroadIllinois Supreme Court · 1921
- Brown v. Illinois Terminal Co.Illinois Supreme Court · 1925
- Illinois Central Railroad v. LeinerIllinois Supreme Court · 1903
- Atchison, Topeka & Santa Fe Railway Co. v. BakerSupreme Court of Kansas · 1908
95 more not listed; retrieve them via the Exa API.