Legal Opinion

Pittsburg, Fort Wayne & Chicago Railway Co. v. Powers

Illinois Supreme Court

Decided September 15, 1874PublishedCited by 25 opinions

Appeal from the Superior Court of Cook county; the Hon. John Burns, Judge, presiding. This was an action on the case, brought by Pierce Powers against the Pittsburg, Fort Wayne and Chicago Railway Company, to recover damages for a personal injury received while ditching the track in the defendant’s yard. It appears that this yard was filled with tracks, and trains were moving in all directions on them.

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Appeal from the Superior Court of Cook county; the Hon. John Burns, Judge, presiding. This was an action on the case, brought by Pierce Powers against the Pittsburg, Fort Wayne and Chicago Railway Company, to recover damages for a personal injury received while ditching the track in the defendant’s yard. It appears that this yard was filled with tracks, and trains were moving in all directions on them. While the plaintiff was thus engaged, with others, an engine was driven upon him without any warning or signal of its approach. A trial was had which resulted in a verdict and judgment in favor…

1Opinion of the CourtChief Justice Walker

In the month of October, 1866, appellee, whilst in the employment of appellants, and at work by order of his superior, on the track of their road, was run over and injured by a locomotive of the company. The locomotive was being operated at the time by one Davis, employed as an extra engineer, or a person whose duty it was to take engines, on their arrival, to the round-house, and to bring others therefrom to be used on the road. The injury was received at the town of Valparaiso, in the State of Indiana. Appellee brought suit against the company to recover for his injuries. A trial was had by…

2Cases cited1 opinion

  1. City of Chicago v. O'BrennanIllinois Supreme Court · 1872

3Cited by25 opinions

  1. City of Delphi v. LoweryIndiana Supreme Court · 1881
  2. Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
  3. Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
  4. Lou. & Nash. R. R. v. MitchellCourt of Appeals of Kentucky · 1888
  5. Lowe v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Iowa · 1893

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