Legal Opinion

Chicago & Northwestern Railway Co. v. Clark

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 4 opinions

Appeal from the Circuit Court of Whiteside county; the Hon. W. W. Heaton, Judge, presiding. This was an action on the case, by Catharine E. Clark against The Chicago and Northwestern Railway Company, to recover damages for causing the death of Horace Clark, the plaintiff’s intestate, through negligence. The opinion of the court contains a summary of the facts.

1Opinion of the CourtJustice Walker

It is shown, by the evidence, that Horace Clark was engaged in hauling, in a. two-horse wagon, some wheat from a car that was standing on the railroad track. His team was on the south side of the car. At the distance of 14 feet 8 inches south of the track on which the car was standing, from which the wheat was being taken, there was another track. Whilst Clark was thus engaged, an engine was switching out a train from the yard. The engine was passing along the south track from the west to the east. The team was timid, and afraid of the engine. Immediately before it reached the point opposite…

2Cases cited1 opinion

  1. Illinois Central Railroad v. BachesIllinois Supreme Court · 1870

3Cited by4 opinions

  1. Chicago & Northwestern Railway Co. v. DimickIllinois Supreme Court · 1880
  2. Willard v. SwansonAppellate Court of Illinois · 1887
  3. Chicago & Northwestern Railway Co. v. ClarkAppellate Court of Illinois · 1878
  4. Parmelee v. FarroAppellate Court of Illinois · 1887

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