Legal Opinion

West Chicago St. R. R. v. Shannon

Appellate Court of Illinois

Decided February 13, 1903PublishedCited by 6 opinions

Trespass on the Case.—Death from negligent act. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge presiding. Heard in the Branch ^Appellate Court at the October term, 1901. This is an action on the case by Neil J. Shannon, administrator of the estate of Albert O. Massat, deceased, against the West Chicago Street Railroad Company to recover damages for the death of said deceased.

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Trespass on the Case.—Death from negligent act. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge presiding. Heard in the Branch ^Appellate Court at the October term, 1901. This is an action on the case by Neil J. Shannon, administrator of the estate of Albert O. Massat, deceased, against the West Chicago Street Railroad Company to recover damages for the death of said deceased. The declaration charges that the defendant so carelessly .and improperly drove and managed a certain gripcar that it ran into a certain oil wagon on which said Massat was riding, thereby…

1Opinion of the CourtJustice Burke

Appellant relies for a reversal of the judgment in this case upon three grounds:

First. Counsel for the company assert in their argument and devote their entire reply argument to re-asserting that there is no proof whatever that the defendant owned, operated or had anything to do with the car which struck the deceased’s wagon and that such an omission is fatal to the plaintiff’s case. The general issue alone was pleaded. In McNulta v. Lockridge, 137 Ill. 270, a case brought to recover for personal injuries, the Supreme Court say:

“ The plea of not guilty-; and that only, being interposed, it…

2Cases cited7 opinions

  1. McNulta v. LockridgeIllinois Supreme Court · 1891
  2. Chicago, Burlington & Quincy R. R. v. GreenfieldAppellate Court of Illinois · 1894
  3. Chicago City Railway Co. v. RoachIllinois Supreme Court · 1899
  4. Richter v. Cicero & Proviso St. Ry. Co.Appellate Court of Illinois · 1897
  5. Chicago General Ry. Co. v. NovaeckAppellate Court of Illinois · 1901

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Jacobs v. Yellow Cab Affiliation, Inc.Appellate Court of Illinois · 2017
  2. American Forwarding & Mercantile Co. v. Lindsay Chair Co.Appellate Court of Illinois · 1906
  3. Chicago Union Traction Co. v. StraudAppellate Court of Illinois · 1904
  4. Chicago Union Traction Co. v. LundahlAppellate Court of Illinois · 1904
  5. King v. DeCamp Coal Mining Co.Appellate Court of Illinois · 1911

1 more not listed; retrieve them via the Exa API.

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