Toledo, Wabash & Western Railway Co. v. Black
Illinois Supreme Court
Writ of Error to the Circuit Court of Sangamon county; the Hon. Charles S. Zane, Judge, presiding. This was an action against the railroad company, to recover for a personal injury received by the plaintiff in coupling two cars upon the road of the defendant. The plaintiff recovered, and the defendant brings this writ of error. The circumstances of the injury were, that the plaintiff was employed as a switchman in the yard of the railroad company, at Springfield.
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Writ of Error to the Circuit Court of Sangamon county; the Hon. Charles S. Zane, Judge, presiding. This was an action against the railroad company, to recover for a personal injury received by the plaintiff in coupling two cars upon the road of the defendant. The plaintiff recovered, and the defendant brings this writ of error. The circumstances of the injury were, that the plaintiff was employed as a switchman in the yard of the railroad company, at Springfield. On the night of the 2d of May, 1874, he was engaged in making up trains. A freight train came in from the west, in which was a…
1Opinion of the CourtJustice Sheldon
We can discover in the evidence in this case no ground of ■liability of the defendant. There is no testimony whatever to show any defect in the construction of the dead-woods or the draw-bars, as alleged in the first count of the declaration, nor is it pretended that any better or safer mode of coupling was ever invented or used anywhere. The proof does not sustain the allegation on this score.
There is nothing here appearing, in respect of the mode of the coupling or the condition of the cars to be coupled, which was not of frequent and ordinary occurrence in the transaction of the business…
2Cited by20 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Browne v. SiegelIllinois Supreme Court · 1901
- Michigan Central R. R. Co. v. SmithsonMichigan Supreme Court · 1881
- Russell v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Ballou v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
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