Illinois Central R. R. v. Smiesni
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Edward P. Vail, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901.
1Opinion of the CourtJustice Freeman
There is evidence in this case introduced in behalf of appellee tending to show that the man whose fall caused appellee to stumble over him, was drunk at the time of the accident.
The charge of his incompetency is based entirely on his alleged intoxication. That he was doing anything improper or unusual at the time is not claimed. It was apparently entirely proper for him to pick up a piece of board for blocking the truck, and, so far as appears, was in the line of his duty. The accident was one which, it is said, might happen at any time to a sober, industrious man. The witnesses who…
2Cases cited8 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Western Stone Co. v. WhalenIllinois Supreme Court · 1894
- United States Rolling Stock Co. v. WilderIllinois Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dameron v. Commonwealth Steel Co.Appellate Court of Illinois · 1914
- Haisler v. HaydenAppellate Court of Illinois · 1906
- Railroad Supply Co. v. KlofskiAppellate Court of Illinois · 1908
- Summerville v. KleinAppellate Court of Illinois · 1908