Legal Opinion

Elgin, Joliet & Eastern Railway Co. v. Hoadley

Illinois Supreme Court

Decided February 21, 1906PublishedCited by 11 opinions

Appeal from the Appellate Court for the Second District;—heard in that, court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding.

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Appeal from the Appellate Court for the Second District;—heard in that, court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding. This was an action on the case, brought in the circuit court of Will county by Bella B. Hoadley, as administratrix of the estate of George E. Hoadley, deceased, against the Elgin, Joliet and Eastern Railway Company, appellant, to recover for the death of said George E. Hoadley, which was caused by one of appellant’s switch engines at the crossing of appellant’s railroad tracks and Maple street, just outside the corporate…

1Opinion of the CourtJustice Scott

The peremptory instruction offered by appellant at the close of all the evidence in the case presents the question whether there is in this record any evidence which, with the inferences reasonably to be drawn therefrom, is sufficient to support a verdict for the plaintiff. Illinois Central Railroad Co. v. Swift, 213 Ill. 307; Indiana, Illinois and Iowa Railroad Co. v. Otstot, 212 id. 429.

There is evidence in the record to the effect that Hoadley, on the morning of February 4, 1902, was engaged in trimming the lamp, in the space between two of appellant’s railroad tracks, at the crossing of…

2Cases cited3 opinions

  1. Illinois Central Railroad v. SwiftIllinois Supreme Court · 1904
  2. Chicago & Atlantic Railway Co. v. CareyIllinois Supreme Court · 1885
  3. Illinois Terminal Railroad v. MitchellIllinois Supreme Court · 1905

3Cited by11 opinions

  1. Sherwin v. City of AuroraIllinois Supreme Court · 1913
  2. Berg v. New York Central RailroadAppellate Court of Illinois · 1944
  3. Henert v. Chicago & North Western Railway Co.Appellate Court of Illinois · 1947
  4. Lund v. OsborneAppellate Court of Illinois · 1913
  5. Acme Harvester Co. v. ChittickAppellate Court of Illinois · 1907

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