Clark v. Chicago, Burlington & Quincy Railroad
Illinois Supreme Court
Writ of Error to the Appellate Court of the Third District; the Hon. Chattncey L. Higbee, presiding Justice, and the Hon. O. L. Davis and Hon. Lyman Lacey, Justices.
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Writ of Error to the Appellate Court of the Third District; the Hon. Chattncey L. Higbee, presiding Justice, and the Hon. O. L. Davis and Hon. Lyman Lacey, Justices. This action was brought by Simon R. Clark against the Chicago, Burlington and Quincy Railroad Company, in the circuit court of Adams county, the Hon. Joseph Sibley, Judge presiding, to recover for personal injuries sustained by plaintiff while in the service of defendant as an engine-driver, on account óf a collision of trains on defendant’s road. On the trial in the circuit court plaintiff recovered a judgment, but on appeal to…
1Opinion of the CourtJustice Scott
It is certified to ns, the Appellate Court found “the facts as stated in its opinion,” which is made a part of the record, and as such finding, under our statute, is conclusive, there can be no disagreement in this court as to the facts.
Two propositions of law arising on the facts as found have been discussed: First, was plaintiff engaged in a common employment with Gage, the conductor of the “ wild train ” whose negligence or willfulness was the proximate cause of the injury to plaintiff; and second, was plaintiff injured by one of the ordinary perils of the service in which he was engaged.
As…
2Cases cited1 opinion
- Indianapolis Bloomington & Western R. R. v. FlaniganIllinois Supreme Court · 1875
3Cited by17 opinions
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Phillips v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Chicago & Alton Railroad v. McDonaldAppellate Court of Illinois · 1887
- Kolb v. Sandwich Enterprise Co.Appellate Court of Illinois · 1890
- Bauer v. St. L., I. M. & S. Ry. Co.Supreme Court of Arkansas · 1885
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