Legal Opinion

Illinois Central Railroad v. Aland

Appellate Court of Illinois

Decided April 8, 1901Published

Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Elbridgb Hanecy, Judge, presiding.Heard in this court at the October term, 1900'. Statement.—Appellee was employed by the J. L. Fulton Co. as a laborer in the work of constructing a wall for the appellant company, with which the Fulton Company had a contract.

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Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Elbridgb Hanecy, Judge, presiding.Heard in this court at the October term, 1900'. Statement.—Appellee was employed by the J. L. Fulton Co. as a laborer in the work of constructing a wall for the appellant company, with which the Fulton Company had a contract. The wall was being constructed along the right of way of the appellant in the city of Chicago from Twelfth street to Randolph street. The duty of appellee was to mix concrete upon certain of the cars of the appellant, which were furnished…

1Opinion of the CourtJustice Sears

It is contended by counsel for appellant that the court erred in admitting evidence as to a failure to ring a bell or give other warning of the approach of the engine, because the narr. declares only upon negligence in moving the cars while appellee was about to enter the car in question, and does not specifically declare upon negligence in failing to give him warning. We are of opinion that the learned trial court did not err in admitting the evidence. Whether the evidence was competent as establishing a basis of recovery or not, it was at least competent as part of the res gestae and as…

2Cases cited3 opinions

  1. Chicago City Railway Co. v. JenningsIllinois Supreme Court · 1895
  2. Chicago General Railway Co. v. CarrollIllinois Supreme Court · 1901
  3. Chicago General Railway Co. v. KrizAppellate Court of Illinois · 1901

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