Chicago & Western Indiana Railroad v. Roath
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. This action was brought by appellee by his next friend to recover damages for the loss of his leg, which was crushed by being run over at the crossing of 68th street by some cars of a freight train which was running on appellant’s road.
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Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. This action was brought by appellee by his next friend to recover damages for the loss of his leg, which was crushed by being run over at the crossing of 68th street by some cars of a freight train which was running on appellant’s road. The declaration alleges that the neighborhood of this crossing was thickly settled; that a depot was situated there; that a school at which a large number of pupils attended was near by, and that it was reasonably necessary for the protection of the pupils attending said…
1Opinion of the CourtMoran, J.
The train which injured appellee was moving north, and he was either crossing or had just crossed the tracks and was going toward the west on 68th street. After the accident he was found some six feet north of the north sidewalk on said street. There was evidence tending to show" that he got across the track before the accident, and- that he was not struck or run over by the engine, but was run over by one of the cars in the rear of it, as the jury found; and also evidence tending to show that at the time of the accident he was attempting to climb on the moving train. Appellant requested the…
2Cases cited1 opinion
- Chicago, Rock Island & Pacific Railway Co. v. EiningerIllinois Supreme Court · 1885
3Cited by15 opinions
- Ryan v. TowarMichigan Supreme Court · 1901
- East St. Louis Connecting Railway Co. v. JenksAppellate Court of Illinois · 1894
- Belt Railway Co. v. ChartersAppellate Court of Illinois · 1905
- Hebard v. MabieAppellate Court of Illinois · 1901
- Purcell v. DegenhardtAppellate Court of Illinois · 1916
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