Peoria & Rock Island Railroad v. Lane
Illinois Supreme Court
Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. This was an action on the case, by Sylvia L. Lane, administratrix of the estate of Oliver 1ST. Lane, deceased, against the appellant, to recover damages for the death of her intestate, alleged to have been caused by the negligence of the defendant. The suit was brought in Rock Island county, and the venue changed to Warren county.
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Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. This was an action on the case, by Sylvia L. Lane, administratrix of the estate of Oliver 1ST. Lane, deceased, against the appellant, to recover damages for the death of her intestate, alleged to have been caused by the negligence of the defendant. The suit was brought in Rock Island county, and the venue changed to Warren county. The defendant pleaded the general issue, and a trial was had, resulting in a verdict and judgment of $4708.33 in favor of the plaintiff.
1Opinion of the CourtJustice Walker
It appears that appellant was the owner of the track, right of way and franchise of the road where this accident occurred. They had entered into an agreement to permit the Bockford, Bock Island and St. Louis Bailroad Company to run trains over their road from Bock Island to Orion. The latter road was to pay the former $31,000 per year, and half of the gross receipts for the local business between the two points. The accident occurred by the overturning of a baggage car in a train belonging to and being operated by the Bockford, Bock Island and St. Louis company.
It is first urged, that…
2Cases cited3 opinions
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Galena & Chicago Union Railroad v. YarwoodIllinois Supreme Court · 1854
- Lesher v. Wabash Navigation Co.Illinois Supreme Court · 1852
3Cited by18 opinions
- Florida Southern Railway Co. v. HirstSupreme Court of Florida · 1892
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
- Waterbury v. New York C. & H. R. R. Co.U.S. Circuit Court for the District of Northern New York · 1883
- H. & T. C. R. R. Co. v. ClemmonsTexas Supreme Court · 1881
- Clinger's Admx. v. C. & O. Ry. Co.Court of Appeals of Kentucky · 1908
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