Treffert v. Ohio & Mississippi Railway Co.
Appellate Court of Illinois
In error to the Circuit Court of Clinton County; the Hon. Benjamin JR. Burroughs, Judge, presiding. Plaintiff in error as administrator, brought this action against the railway company to recover damages for causing the death of his intestate, who was killed by defendant’s train striking the vehicle in which deceased was riding, at a public highway crossing.
Read the full summary
In error to the Circuit Court of Clinton County; the Hon. Benjamin JR. Burroughs, Judge, presiding. Plaintiff in error as administrator, brought this action against the railway company to recover damages for causing the death of his intestate, who was killed by defendant’s train striking the vehicle in which deceased was riding, at a public highway crossing. The negligence charged is running the train at a dangerous rate of speed, and not managing and controlling it with care and caution; failing to give the warning signals, or either of them, as required by the statute, and failing to erect…
1Opinion of the CourtGreen, J.
There are but two questions of importance presented for our decision. First: Did the court err in rendering judgment against plaintiff upon the special findings óf the jury. Second: If it did, ought this court reverse aM remand with directions to set aside the general verdict and award a new trial. To sustain the judgment, defendant relies upon the special finding of the jury in their answer to the following question: “What, if any, precautions, did the deceased, Mary Treffert, take or observe to guard against and protect herself from danger from a crossing train, in approaching and driving…
2Cases cited3 opinions
- Chicago & Northwestern Railway Co. v. DunleavyIllinois Supreme Court · 1889
- Hall v. ReberIllinois Supreme Court · 1865
- Chicago & Alton Railroad v. ElmoreIllinois Supreme Court · 1873
3Cited by1 opinion
- Nelson v. FehdAppellate Court of Illinois · 1902