Clark v. Wisconsin Central Railway Co.
Appellate Court of Illinois
Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Geobge W. Patton, Judge, presiding. Heard in this court at the October term, 1910.
1DissentJustice Brown
I think this judgment should be reversed and the cause remanded. I think that the evidence offered by the defendant company for the purpose of showing that it did not own or control or even give permission for the use on its tracks of the tricycle which did the .damage, and that Tollinger was not acting within the scope of his employment for the railroad company at the time the accident happened, but was off duty, was admissible under the pleadings as they stood, and ought not to have been excluded.
If the court below was right in excluding it, however, then I believe that it was an abuse of…
2Cases cited5 opinions
- McNulta v. LockridgeIllinois Supreme Court · 1891
- Chicago Union Traction Co. v. JerkaIllinois Supreme Court · 1907
- Cincinnati, Hamilton & Dayton R. R. v. GoodsonAppellate Court of Illinois · 1902
- Chicago Union Traction Co. v. LundahlAppellate Court of Illinois · 1904
- Smith v. DevlinAppellate Court of Illinois · 1906