Southern Railway Co. v. Drake
Appellate Court of Illinois
Trespass on the Case.—Death from negligent act. Appeal from the Circuit Court of Wabash County; the Hon. Enoch E. Newlin, Judge presiding. Heard in this court at the August term, 1903, Suit to recover damages by appellee, widow and administratrix of Wm. M. Drake, who was killed on the evening of January 24, 1902, by appellant’s locomotive, at Mt. Carmel station. There are five counts in the declaration. The first pleads an ordinance of the city of Mt.
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Trespass on the Case.—Death from negligent act. Appeal from the Circuit Court of Wabash County; the Hon. Enoch E. Newlin, Judge presiding. Heard in this court at the August term, 1903, Suit to recover damages by appellee, widow and administratrix of Wm. M. Drake, who was killed on the evening of January 24, 1902, by appellant’s locomotive, at Mt. Carmel station. There are five counts in the declaration. The first pleads an ordinance of the city of Mt. Carmel, which provides that the bell on locomotive engines shall be continuously rung while running within the corporate limits, and alleges…
1Opinion of the CourtJustice Worthington
The passage track was constructed at the place designated by appellant’s engineer, for the use of McArthur Bros.’ dirt train, while working under their contract with appellant. Did this use include the stoppage of the train on the passage track, and the embarking and disembarking of McArthur Bros.’ laborers in the morning and in the evening ? The depot platform and the office of McArthur Bros, were on the north side of the main track. The evidence tends to show that it was the habit of McArthur’s laborers to take and leave the dirt train from their office. This involved crossing that track.…
2Cases cited6 opinions
- Jernberg v. MixIllinois Supreme Court · 1902
- Hart v. Washington Park ClubIllinois Supreme Court · 1895
- Toledo, Peoria & Warsaw Railway Co. v. DeaconIllinois Supreme Court · 1872
- Barnum & Richardson Manufacturing Co. v. WagnerAppellate Court of Illinois · 1896
- Webster Manufacturing Co. v. MulvanyAppellate Court of Illinois · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Robbins v. Illinois Power & Light Corp.Appellate Court of Illinois · 1929
- West Side Bank v. ParrAppellate Court of Illinois · 1920
- Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. FerrellIndiana Court of Appeals · 1906