Louisville, Evansville & St. Louis Consolidated Railroad v. Scott
Appellate Court of Illinois
Appeal from the Circuit Court of Wayne County; the Hon. Carroll C. Boggs, Judge, presiding. The evidence in this case shows that appellant constructed a switch and established a station called Ellery on the line of its road, and a small hamlet was built up at this station, to and from which merchandise and other commodities were shipped.
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Appeal from the Circuit Court of Wayne County; the Hon. Carroll C. Boggs, Judge, presiding. The evidence in this case shows that appellant constructed a switch and established a station called Ellery on the line of its road, and a small hamlet was built up at this station, to and from which merchandise and other commodities were shipped. At the west end of the switch the cars of the company were left from which freight was delivered and ties unloaded, and between the ends of the switch, which constituted the depot and station grounds, the railroad was not fenced. The road was fenced each way…
1Opinion of the CourtPhillips, J.
Ho negligence is imputed to appellant except the failure to fence its track and station grounds at the place where the injury occurred. The evidence shows that land was laid off into lots and blocks that comprised land lying along the switch and extending beyond the switch and depot grounds both east and west. Ellery is a station at which appellant’s trains stop to receive and discharge passengers and freight and the evidence shows that the place where the injury occurred was used by the railroad company and the public in receiving and discharging freight. The fact that Ellery was not an…
2Cases cited2 opinions
- Chicago, Burlington & Quincy Railroad v. HansIllinois Supreme Court · 1884
- Chicago, Milwaukee & St. Paul Railroad v. DumserIllinois Supreme Court · 1884
3Cited by3 opinions
- Toledo, St. Louis & Kansas City Railroad v. FranklinAppellate Court of Illinois · 1894
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. AbneyAppellate Court of Illinois · 1892
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. RoperAppellate Court of Illinois · 1893