Illinois Central Railroad v. Siler
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Crawford county; the Hon. E. E. Newlin, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Crawford county; the Hon. E. E. Newlin, Judge, presiding. On the nth day of November, 1905, appellee’s intestate, Mrs. Mary E. Mullens, having discovered fire among the dry grass and weeds on her premises adjoining appellant’s right of way, in order to stop its progress began raking the leaves between the fire' and her house toward the fire, and while doing so her clothing caught fire and she was so badly burned that she died. Her administrator, alleging that the fire was caused…
1Opinion of the CourtJustice Dunn
Appellant presents two propositions only: First, the declaration does not state a cause of action; second, there is no proof that appellant set out the fire or that the deceased used due care.
The declaration consisted of five counts, the second and fifth of which were substantially alike, and alleged that defendant negligently suffered large quantities of combustible material to accumulate upon its right of way; that fire from one of defendant’s engines ignited said combustible material and thence spread and was communicated to the decedent’s premises, and while decedent, with all due care…
2Cases cited15 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Seale. v. Gulf, Colorado & Santa Fe R'y Co.Texas Supreme Court · 1886
- Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Chattanooga Light & Power Co. v. HodgesTennessee Supreme Court · 1902
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3Cited by78 opinions
- Seith v. Commonwealth Electric Co.Illinois Supreme Court · 1909
- Moody v. Gufl Refining Co.Tennessee Supreme Court · 1919
- Morrison v. FlowersIllinois Supreme Court · 1923
- Lemos v. MaddenWyoming Supreme Court · 1921
- Pope v. Pinkerton-Hays Lumber Co.District Court of Appeal of Florida · 1960
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