North Chicago St. R. R. v. Dudgeon
Appellate Court of Illinois
Action in Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Statement.—This cause was begun by appellee to recover dam'agósfo'r personal injuries, alleged to have resulted from negligence of appellant.
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Action in Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Statement.—This cause was begun by appellee to recover dam'agósfo'r personal injuries, alleged to have resulted from negligence of appellant. The fourth count of the declaration sets up the following facts: That the defendant, at the time of the accident, was engaged in the repairing and relaying of certain rails, tracks and road-bed by it used, and was using in such repairing and relaying large quantities of…
1Opinion of the Court
Mr. Presiding Justice Sears
delivered the opinion of the court.
The right of appellee to recover upon the facts disclosed would seem to be limited to the ground of action set up by the third or fourth counts of the declaration; for the relation of fellow-servant existing between appellee and the gripman and other conductor of the train would preclude a recovery upon the other counts. The gist of each of the third and fourth counts is negligence in placing piles of stones along the side of the track upon which appellee was required by his service to change from one to another of ■ the trains of…
2Cases cited20 opinions
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Gonzales v. City of GalvestonTexas Supreme Court · 1892
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
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3Cited by15 opinions
- Chicago & Eastern Illinois Railroad v. SnedakerIllinois Supreme Court · 1906
- Chicago & Alton Ry. Co. v. HowellAppellate Court of Illinois · 1903
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- Larson v. HaglinSupreme Court of Minnesota · 1908
- Chicago City Ry. Co. v. CooneyAppellate Court of Illinois · 1901
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