104 Ill. 201 (Ill. 1882), Pennsylvania Co. v. Stoelke

Citation:104 Ill. 201
Opinion Judge:Mr. Justice Walker.
Party Name:THE PENNSYLVANIA COMPANY v. JOHN H. STOELKE, Admr
Attorney:Messrs. WILLARD & DRIGGS, for the appellant. Mr. JOHN LYLE KING, for the appellee.
Case Date:September 27, 1882
Court:Supreme Court of Illinois
 
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Page 201

104 Ill. 201 (Ill. 1882)

THE PENNSYLVANIA COMPANY

v.

JOHN H. STOELKE, Admr

Supreme Court of Illinois

September 27, 1882

September 1882, Decided

APPEAL from the Appellate Court for the First District;--heard in that court on appeal from the Circuit Court of Cook county; the Hon. JOHN G. ROGERS, Judge, presiding.

Judgment reversed.

Messrs. WILLARD & DRIGGS, for the appellant.

Mr. JOHN LYLE KING, for the appellee.

OPINION

Mr. Justice Walker.

Page 202

Appellee brought an action on the case, in the circuit court of Cook county, to recover for damages claimed to have been sustained through the negligence of the employes of appellant in causing the death of appellee's intestate. The accident occurred in the yards of the Chicago and Alton Railroad Company, situated between Harrison and Van Buren streets. There were eleven or twelve tracks in the yard, connected with the main track by switches, and it connects with most of the railroads in the city. Various companies were accustomed to run their cars into this yard, for the purpose of standing them on these tracks when not in use, and to make up their trains. Such companies used their own engines for the purpose of placing their cars in, and removing them from, the yard. On the approach of a train intended to be placed in the yard, a signal was given to the switchman in charge of the yard, and he opened a switch, and the cars were thrown into the yard on the desired track. He selected the track and admitted the cars. The Chicago

Page 203

and Alton company had possession and controlled the road, but permitted appellant to stand its cars on its tracks in the yard. On the forenoon of the 10th of October, 1879, the day of the accident, appellant brought two cars for admission to the yard, and, on being signaled, the switchman opened a switch and admitted them, they being driven by an engine of the Pittsburgh, Fort Wayne and Chicago railroad. The momentum they had acquired by the speed at which they were pushed when the engine was detached, drove them with sufficient force to start some cars standing on the track to which the incoming cars were admitted. It was the business of deceased to inspect cars placed on the track,--to see whether they required repairs,--and he was at the time engaged in the performance of his duty, in inspecting the standing cars against which the cars were thrown...

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