Legal Opinion

Mikesell v. Chicago & Alton Railroad

Appellate Court of Illinois

Decided November 1, 1911Published

Action in case for death caused by alleged wrongful act. Appeal from the Circuit Court of Sangamon county; the Hon. O. P. Thompson, Judge, presiding. Heard in this court at the May term, 1910. Certiorari denied by Supreme Court (making opinion final).

1Opinion of the Court

Mr. Presiding Justice Philbrick

delivered the opinion of the court.

This is an action by Maggie Mikesell, administratrix, to recover for the death of her husband, alleged to have been caused by negligence of appellant. Trial below resulted in a verdict and judgment for appellee for $5,000 to reverse which this appeal is prosecuted.

The cause was tried upon two counts of the declaration, designated as the first and third additional counts; these counts charge the defendant with using and operating a railroad.in Sangamon county, with certain main tracks and switch tracks, the switch tracks being…

2Cases cited6 opinions

  1. Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1898
  2. Missouri Furnace Co. v. AbendIllinois Supreme Court · 1883
  3. Jones & Adams Co. v. GeorgeIllinois Supreme Court · 1907
  4. Hagen v. SchleuterIllinois Supreme Court · 1908
  5. Chicago Terminal Transfer Railroad v. ReddickIllinois Supreme Court · 1907

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