Devine v. Chicago & Calumet River Railroad
Appellate Court of Illinois
Action in case. Appeal from the Superior Court of Cook county; the Hon. Willard M. McEwen, Judge, presiding. Certiorari denied by Supreme Court (making opinion final). Statement by tbe Court.
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Action in case. Appeal from the Superior Court of Cook county; the Hon. Willard M. McEwen, Judge, presiding. Certiorari denied by Supreme Court (making opinion final). Statement by tbe Court. In this action appellee seeks to recover for personal injuries resulting in the death of one Yirgil Knox April 20,1907. The deceased was an employe of the defendant, and was at work when injured in the private enclosure of the Western Steel Car and Foundry Company at Hegewisch, Illinois. This enclosed yard of the Foundry Company contained about 120 acres. The accident occurred upon the railroad tracks…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
Counsel have filed in this case briefs and supplemental briefs containing about 313 pages. We cannot within limits appropriate to an opinion undertake to follow these arguments in detail.
Defendant’s counsel state their first contention as follows: That in each count of the declaration “appellee charges that the proximate cause of the accident was the improper condition of the coupler. He did not prove this averment. The evidence proves beyond question that the proximate cause was the acuteness of the curve and the grade in the…
2Cases cited7 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- The Employers'liability CasesSupreme Court of the United States · 1908
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Illinois Central Railroad v. SilerIllinois Supreme Court · 1907
- Peoria & Pekin Union Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1884
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3Cited by1 opinion
- Arens v. Baltimore & Ohio Chicago Terminal RailroadAppellate Court of Illinois · 1919