Legal Opinion

Baltimore & O. S. W. Ry. Co. v. Wetmore

Appellate Court of Illinois

Decided June 18, 1896PublishedCited by 1 opinion

Trespass on the Case, for personal injuries. Appeal from the Circuit Court of St. Clair County; the Hon. Alonzo S. Wilderman, Judge, presiding. Heard in this court at the February term, 1896.

1Opinion of the CourtJustice Sample

The appellee recovered a judgment of $800, damages for a personal injury and for injury to property, occasioned by a collision at a street crossing in the village of O’Fallon, from which this appeal is prosecuted. The declaration alleges two grounds of negligence; 1, that the statutory signals were not given; 2, that appellant was “ running said engine and train at a greater rate of speed than was safe at said crossing, and while passing through the said village.”

The evidence shows the train was an extra passenger, and was being run very rapidly through the village. The weight of the evidence…

2Cases cited3 opinions

  1. Chicago & Eastern Illinois Railroad v. O'ConnorIllinois Supreme Court · 1886
  2. Terre Haute & Indianapolis Railroad v. VoelkerIllinois Supreme Court · 1889
  3. Chicago, Burlington & Quincy Railroad v. CauffmanIllinois Supreme Court · 1865

3Cited by1 opinion

  1. Mobile & Ohio R. R. v. DuganAppellate Court of Illinois · 1902

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