Chicago & Alton Railroad v. Swan
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. In this action, which was begun in the circuit court of Cook county, Walter R. Swan sued the Chicago and Alton Railroad Company for damages resulting from a personal injury.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. In this action, which was begun in the circuit court of Cook county, Walter R. Swan sued the Chicago and Alton Railroad Company for damages resulting from a personal injury. The declaration in ■ case alleged that plaintiff was a baggage-man on one of the passenger trains of the defendant running from the city of Chicago to the city of St. Louis, and that at Chappell Crossing, some twelve miles from the union depot in Chicag'o,…
1Opinion of the CourtJustice Wilkin
The first and principal contention of counsel for appellant is, that the declaration is insufficient to sustain the judgment. It is objected that it fails to allege that the plaintiff and the engineer, through whose negligence it is claimed he was injured, were not fellow-servants. Such an averment was unnecessary. (Cribben v. Callaghan, 156 Ill. 549; Louisville, Evansville and St. Louis Railroad Co. v. Hawthorn, 147 id. 226; Libby, McNeill & Libby v. Scherman, 146 id. 540.) The facts showing the relation of the parties are stated in the declaration. It is never necessary to aver mere matters…
2Cases cited10 opinions
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- Taylor v. FelsingIllinois Supreme Court · 1896
- Chicago & Alton Railroad v. Margaret HouseIllinois Supreme Court · 1898
- Chicago & Eastern Illinois Railroad v. KneirimIllinois Supreme Court · 1894
- Indianapolis & St. Louis Railroad v. MorgensternIllinois Supreme Court · 1883
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3Cited by25 opinions
- Chicago City Railway Co. v. LeachIllinois Supreme Court · 1904
- John Spry Lumber Co. v. DugganIllinois Supreme Court · 1899
- Chicago City Railway Co. v. LeachIllinois Supreme Court · 1899
- Pagels v. MeyerIllinois Supreme Court · 1901
- John Spry Lumber Co. v. DugganAppellate Court of Illinois · 1899
20 more not listed; retrieve them via the Exa API.