Eckman v. Chicago, Burlington & Quincy Railroad
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. Arthur H. Chetlain, Judge, presiding. This was an action on the case, in the Superior Court of Cook county, by Charles A. Eckman, the appellant, against the Chicago, Burlington and Quincy Railroad Company, the appellee, for damages for injuries sustained while in the service of appellee, at Buda, Illinois.
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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. Arthur H. Chetlain, Judge, presiding. This was an action on the case, in the Superior Court of Cook county, by Charles A. Eckman, the appellant, against the Chicago, Burlington and Quincy Railroad Company, the appellee, for damages for injuries sustained while in the service of appellee, at Buda, Illinois. The declaration charged that the injury was caused by the negligence and recklessness of defendant. A plea of the general issue was entered and a trial had…
1Opinion of the Court
Mr. Jüstice Carter
delivered the opinion of the court:
The real controversy in this case is not whether the injury to the appellant complained of was caused by the negligence of the appellee company, but whether the receipt by appellant of the benefits provided by the company under its contract with appellant, through its relief department, mentioned in the record as the Burlington Voluntary Relief Department, after the happening of the injury, constituted a sufficient defense to the action.
It was not disputed that after the happening of the injury appellant received, through this department of…
2Cases cited7 opinions
- McNulta v. Corn Belt BankIllinois Supreme Court · 1896
- Spitze v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1892
- Chicago, Burlington & Quincy Railroad v. WymoreNebraska Supreme Court · 1894
- Chicago, Burlington & Quincy Railroad v. BellNebraska Supreme Court · 1895
- Lease v. Pennsylvania Co.Indiana Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
- London & Lancashire Indemnity Co. of America v. Fairbanks Steam Shovel Co.Ohio Supreme Court · 1925
- Pennsylvania Co. v. ChapmanIllinois Supreme Court · 1906
- Harrison v. Alabama Midland Ry. Co.Supreme Court of Alabama · 1906
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