Larkins v. Terminal Railroad Ass'n of St. Louis
Illinois Supreme Court
Writ oe Error to the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding.
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Writ oe Error to the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. On February 13, 1902, plaintiff in error, Larkins, bpgan an action of trespass on the case against defendant in error, the Terminal Railroad Association of St. Louis, (hereinafter referred to as the association,) in the city court of Fast St. Louis, to recover damages for personal injuries sustained by him while in the employment of the association as foreman of a switching crew, and resúlting, as charged by the…
1Opinion of the CourtJustice Scott
The plaintiff recovers a judgment in the nisi prius court, which is reversed by the Appellate Court and the cause is not remanded. The Appellate Court incorporates in its judgment a finding of facts, from which it appears that the plaintiff is without right to recover. No appeal or writ of error is prosecuted to reverse the judgment of the Appellate Court. Is that judgment of the Appellate Court, with the finding of facts, a bar to a second suit by the same plaintiff upon the same cause of action? Plaintiff in error answers no, and relies upon section 25 of chapter 83, Hurd’s Revised Statutes…
2Cases cited5 opinions
- Borg v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1896
- City of Spring Valley v. Spring Valley Coal Co.Illinois Supreme Court · 1898
- Wenom v. FossickIllinois Supreme Court · 1904
- Union National Bank v. Manistee Lumber Co.Appellate Court of Illinois · 1892
- Earnshaw v. Western Stone Co.Illinois Supreme Court · 1902
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