Legal Opinion

Upthegrove v. Chicago Great Western Railway Co.

Appellate Court of Illinois

Decided March 11, 1910No. Gen. No. 5271PublishedCited by 3 opinions

Action in case for personal injuries. Appeal from the Circuit Court of Jo Daviess county; the Hon. Oscab E. Heard, Judge, presiding. Heard in this court at the October term, 1909. Reversed and remanded.

1Opinion of the CourtJustice Willis

Lafayette Upthegrove, appellee, head brakeman on a freight train going east on appellant’s railway, was riding in the engine cab with the conductor, fireman and engineer, when just west of Fox station, Kane county, the engine came in contact with a dump car which was being used by a steel gang, servants of appellants, who were engaged in replacing a frog or switch and extending a passing track at Fox station. Just before the train reached the dump car, appellee jumped to the ground. He later brought this suit in the Circuit Court of JoDaviess county to recover damages for injuries claimed to…

2Cases cited3 opinions

  1. Elgin, Aurora & Southern Traction Co. v. WilsonIllinois Supreme Court · 1905
  2. Wabash Railroad v. BillingsIllinois Supreme Court · 1904
  3. Elgin, Joliet & Eastern Railway Co. v. ReeseAppellate Court of Illinois · 1896

3Cited by3 opinions

  1. Eilers v. Peoria Railway Co.Appellate Court of Illinois · 1916
  2. Smith v. Stover Manufacturing Co.Appellate Court of Illinois · 1917
  3. Upthegrove v. Chicago Great Western RailroadAppellate Court of Illinois · 1911

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