Ryan v. Chicago and North Western Railway Co.

Full title: Leo A. Ryan, Administrator of Estate of Chauncey Esch, Deceased, Appellee…

Court: Appellate Court of Illinois, First District

Date published: Oct 25, 1943

320 Ill. App. 361 (Ill. App. Ct. 1943)

51 N.E.2d 74

Opinion

Gen. No. 42,617. (Abstract of Decision.)

Opinion filed October 25, 1943

RAILROADS, § 232^_ — duty of railroad toward person on railroad premises as of right and not as mere licensee. In action for death of administrator's decedent as result of being struck by train being operated by defendant, held that decedent was on premises at time of accident as matter of right and not as mere licensee, and hence defendant owed him duty not to injure him either negligently or wantonly.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. ROBERT J. DUNNE, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the April term, 1943.

Nelson J. Wilcox and Drennan J. Slater, for appellant;

Ryan, Condon Livingston, for appellee;

John M. Tuohy, of counsel.

Opinion by JUSTICE MATCHETT.

Not to be published in full. Opinion filed October 25, 1943.