Galena & Chicago Union R. R. v. Fay
Illinois Supreme Court
This was an action on the case for personal injuries. Cause tried at May term, 1854, of Kane Circuit Court, before Hon. B. S. Mobbis and a jury. Verdict for plaintiff for $2,500. The testimony shows, that in the month of August, Fay, with two others, got on plaintiffs’ cars at Elgin to ride to Clinton, a distance of some three miles. The train consisted of the locomotive and tender, then a baggage car, next a second class car, and, behind all, a first class car.
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This was an action on the case for personal injuries. Cause tried at May term, 1854, of Kane Circuit Court, before Hon. B. S. Mobbis and a jury. Verdict for plaintiff for $2,500. The testimony shows, that in the month of August, Fay, with two others, got on plaintiffs’ cars at Elgin to ride to Clinton, a distance of some three miles. The train consisted of the locomotive and tender, then a baggage car, next a second class car, and, behind all, a first class car. When the defendant and his companions presented themselves to ride, they were told by the conductor of the train, “ that the…
1Opinion of the Court
gcATES, 0. J.
As the injury happened at the same time, and the facts are so much like those in the same plaintiffs against L. H. Yarwood before us, in 15 Ill. R. 168, as to inyolvc the same principles of law, we have again carefully examined the principles there laid down, and fully approve them, believing them sustained by settled adjudications and text writers. It is objected that the doctrine in relation to the mutual negligence of the parties causing the injury, is not applicable to carriers of passengers by railroad, and should not be applied as in that case. T®, ourmjhid, there is no…
2Cited by31 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- International & Great Northern Railroad v. HallorenTexas Supreme Court · 1880
- Abend v. Terre Haute & Indianapolis RailroadIllinois Supreme Court · 1884
- Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
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