Chicago & Alton Railroad Co. v. Logue
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. George W. Wall, Judge, presiding. This is an action on the case, brought originally by the father, as administrator of his deceased child, who was run over and killed by a train on appellant’s road when about twenty-one months old.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. George W. Wall, Judge, presiding. This is an action on the case, brought originally by the father, as administrator of his deceased child, who was run over and killed by a train on appellant’s road when about twenty-one months old. At a subsequent trial of the case the declaration was amended by making appellee, administratrix of the deceased child, plaintiff instead of her husband. The husband of appellee was the telegraph operator at Edwardsville…
1Opinion of the CourtJustice Phillips
At the close of plaintiff’s testimony an instruction was asked that the jury should find for the defendant, which the court refused to give, and to which ruling exception was taken. A similar instruction was asked at the close of defendant’s testimony, and was also refused by the trial court. It is urged that a consideration of the refusal to give this instruction presents to this court the question as to whether there is evidence in the record proving the negligence charged in the declaration, or whether the parents of the child killed were guilty of such contributory negligence as would…
2Cases cited5 opinions
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Lake Shore & Michigan Southern Railway Co. v. WardIllinois Supreme Court · 1891
- City of Chicago v. HesingIllinois Supreme Court · 1876
- Ohio & Mississippi Railway Co. v. StrattonIllinois Supreme Court · 1875
3Cited by17 opinions
- Ohnesorge v. Chicago City Railway Co.Illinois Supreme Court · 1913
- True & True Co. v. WodaIllinois Supreme Court · 1903
- Donk Bros. Coal & Coke Co. v. LeavittAppellate Court of Illinois · 1903
- Martin v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1901
- Chicago City Railway Co. v. McKeonAppellate Court of Illinois · 1908
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