Legal Opinion

Curran v. Chicago & Western Indiana Railroad

Appellate Court of Illinois

Decided December 24, 1918No. Gen. No. 23,582PublishedCited by 2 opinions

Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

1Opinion of the CourtJustice Matchett

Appellants, defendants below, appeal from a judgment entered upon the verdict of a jury, in an action on the case for personal injuries. The cause was submitted to the jury upon pleas of not guilty as to the first and second counts of the declaration, which charged defendants with negligence in that they failed to build or maintain fences alongside their tracks in the City of Chicago as required by certain ordinances.

The declaration set up an ordinance of March 26, 1890, which purported to fix the speed at which railroads might operate their trains within the city. The third section provided:

“…

2Cases cited33 opinions

  1. Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
  2. Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
  3. Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
  4. Evanston v. GunnSupreme Court of the United States · 1879
  5. Bear Lake & River Water Works & Irrigation Co. v. GarlandSupreme Court of the United States · 1896

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3Cited by2 opinions

  1. Village of Park Forest v. WojciechowskiIllinois Supreme Court · 1963
  2. Livak v. Chicago & Erie RailroadAppellate Court of Illinois · 1920

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