Chicago City Railway Co. v. McMeen
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge presiding.
1Opinion of the CourtJustice Waterman
It is insisted that the cause of action stated in the declaration first filed is not the same as that set forth in the amended narr.
The respective pleadings are variant as to the statement of the place of the accident (negligence), and therefrom, necessarily, as to the mismanagement of the particular object (train) by which the accident and injury were caused. The cause of action in each pleading is negligence on the part of the defendant and consequent injury to the plaintiff.
It is necessary that affirmative pleadings' should contain a venue (place) where each traversable fact is said to…
2Cases cited12 opinions
- Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- Wabash Western Railway Co. v. FriedmanIllinois Supreme Court · 1892
- Chicago West Division Railway Co. v. MillsIllinois Supreme Court · 1882
- North Chicago Rolling Mill Co. v. MonkaIllinois Supreme Court · 1883
- Mitchell v. MilhollandIllinois Supreme Court · 1883
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3Cited by3 opinions
- Wise v. OuttrimSupreme Court of Iowa · 1908
- Haynes v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1917
- Weld-Neville Cotton Co. v. LewisCourt of Appeals of Texas · 1918