Legal Opinion

Chicago & Alton Railroad v. Vremeister

Appellate Court of Illinois

Decided March 1, 1904No. Gen. No. 10,966PublishedCited by 9 opinions

Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judgp, presiding. Heard in the Branch Appellate Court at the October term, 1902.

1Opinion of the CourtJustice Stein

The statutes do not require the giving of any signal or warning of the approach of a hand-car. Ro ordinance was proven making it incumbent upon appellant to give such signal or warning. The question therefore is whether under the proof appellant was negligent at common law in failing to give appellee notice of the approaching hand-car. As in Illinois, so in Indiana, no statutory duties are prescribed for the operation of a hand-car, and in R. R. Co. v. Juday, 49 N. E. 843, the Supreme Court of that state say : “ It follows therefore that in the lawful operation of a hand-car by a railway…

2Cases cited3 opinions

  1. Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
  2. Lake Erie & Western Railway Co. v. JudayIndiana Court of Appeals · 1898
  3. Chicago & E. I. R. R. v. KirbyAppellate Court of Illinois · 1899

3Cited by9 opinions

  1. Wabash Railroad v. McDonielsIndiana Supreme Court · 1914
  2. Grinestaff v. New York Central RailroadAppellate Court of Illinois · 1929
  3. Chicago, Rock Island & Pacific Railway Co. v. JonesAppellate Court of Illinois · 1907
  4. Scales v. Majestic Steam LaundryWest Virginia Supreme Court · 1933
  5. Falkeneau Construction Co. v. GinleyAppellate Court of Illinois · 1907

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