Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. Baker
Appellate Court of Illinois
Trespass on the Case.—Death from negligent-act. Appeal from the Circuit Court of Saline County; the Hon. Alonzo K. Vickers, Judge presiding. Heard in this court" at the August term, 1903. Suit tó recover damages for killing Edmund Baker, December 17, 1899, by running a locomotive attached to freight cars against a wagon which he was driving over a crossing of appellant’s tracks. Verdict and judgment for $700. Defendant appealed. Two counts in the declaration.
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Trespass on the Case.—Death from negligent-act. Appeal from the Circuit Court of Saline County; the Hon. Alonzo K. Vickers, Judge presiding. Heard in this court" at the August term, 1903. Suit tó recover damages for killing Edmund Baker, December 17, 1899, by running a locomotive attached to freight cars against a wagon which he was driving over a crossing of appellant’s tracks. Verdict and judgment for $700. Defendant appealed. Two counts in the declaration. The first charged negligence at common law, in this, that defendant was running a freight train toward the crossing of a public…
1Opinion of the CourtJustice Worthington
The railroad track runs north and south, the wagon road east and west and crosses the track at right angles. This road is a half mile long, and is on the south line of the 'city of Harrisburg. It connects two roads entering that city, known respectively as the East and West Harrisburg, and Independence roads. It is much traveled, especially by teams hauling coal from the mine to Harrisburg, which mine with its buildings, is on appellant’s right of way. A side track, having at the time some freight cars on it, extends north from the tipple on the west side of the main ' track, and parallel…
2Cases cited14 opinions
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Bobel v. PeopleIllinois Supreme Court · 1898
- Chicago & Alton Railroad v. DillonIllinois Supreme Court · 1888
- Soby v. PeopleIllinois Supreme Court · 1890
- State v. WilkinsonSupreme Court of Vermont · 1829
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3Cited by2 opinions
- Yazoo & M. V. R. v. WilliamsMississippi Supreme Court · 1917
- Reed v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1904