Legal Opinion

Peirce v. Walters

Illinois Supreme Court

Decided January 18, 1897PublishedCited by 33 opinions

Appeal from the Appellate Court for the Third District;—heard in that pourt on appeal from the Circuit Court of Coles county; the Hon. Francis M. Wright, Judge, presiding. This suit was brought by the appellee, against S. R. Callaway, receiver of the Toledo, St. Louis and Kansas City Railroad Company, in the circuit court of Coles county, to recover damages for a personal injury received by being struck by a locomotive.

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Appeal from the Appellate Court for the Third District;—heard in that pourt on appeal from the Circuit Court of Coles county; the Hon. Francis M. Wright, Judge, presiding. This suit was brought by the appellee, against S. R. Callaway, receiver of the Toledo, St. Louis and Kansas City Railroad Company, in the circuit court of Coles county, to recover damages for a personal injury received by being struck by a locomotive. The accident occurred on a railroad bridge of the company, in June, 1893, the road at the time being in said receiver’s hands. The original declaration consisted of two…

1Opinion of the CourtJustice Wilkin

It is first insisted the court below erred in refusing to transfer the cause to the Federal court. That question is not presented by this record for our decision, the bill of exceptions containing no motion for such removal, affidavit or bond; neither does it appear that any exception was taken to the denial of the motion. Merchants’ Despatch Transportation Co. v. Joesting, 89 Ill. 152; Wabash Railway Co. v. People, 106 id. 652.

• The other errors assigned question the correctness of the decision of the case upon its merits. The declaration proceeds throughout upon the admission that the…

2Cases cited4 opinions

  1. Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
  2. Merchants' Despatch Transportation Co. v. JœstingIllinois Supreme Court · 1878
  3. Illinois Central Railroad v. NobleIllinois Supreme Court · 1892
  4. Illinois Central Railroad v. SlaterIllinois Supreme Court · 1891

3Cited by33 opinions

  1. Chicago, Peoria & St. Louis Railroad v. WoolridgeIllinois Supreme Court · 1898
  2. West Chicago Street Railroad v. LidermanIllinois Supreme Court · 1900
  3. Illinois Life Ass'n v. WellsIllinois Supreme Court · 1902
  4. Chicago, Burlington & Quincy Railroad v. MurowskiIllinois Supreme Court · 1899
  5. West Chicago Street Railway Co. v. FishmanIllinois Supreme Court · 1897

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