Legal Opinion

Boyd v. Chicago & Northwestern Railway Co.

Appellate Court of Illinois

Decided March 8, 1905No. Gen. No. 4,414Published

Action on the case for death caused by alleged wrongful act. Error to the Circuit Court of Peoria County; the Hon. Nicholas E. Worthington, Judge, presiding.

1Opinion of the Court

Mr. Presiding Justice Farmer

delivered the opinion of the court.

John Lyons was engaged as a common laborer in assisting to widen a cut that had been made through an elevation in the natural surface of the ground for the purpose of laying a railroad track. He with others were shoveling the earth from the bottom of the bank on one side of the cut into cars for removal, for the purpose of widening the cut and giving the bank the desired slope. While so at work, on November 12,1901, he was injured so seriously by the fall of a mass of clay from the face of the bank that he died next day.

In 1900…

2Cases cited10 opinions

  1. Atlanta & Florida Railroad v. KimberlySupreme Court of Georgia · 1891
  2. North Chicago Street Railroad v. DudgeonIllinois Supreme Court · 1900
  3. Chicago Economic Fuel Gas Co. v. MyersIllinois Supreme Court · 1897
  4. Chicago & Grand Trunk Railway Co. v. HartIllinois Supreme Court · 1904
  5. West v. St. Louis, Vandalia & Terre Haute R. R.Illinois Supreme Court · 1872

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