[DOWNLOAD] "St. Louis-San Francisco Ry. v. Gitchoff" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: St. Louis-San Francisco Ry. v. Gitchoff
- Author : Supreme Court of Illinois
- Release Date : January 05, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This is an original proceeding wherein petitioner, the St. Louis-San Francisco Railway Company (Railroad), seeks a writ of mandamus from this court reversing the trial court's denial of the Railroad's motion to quash summons, service and return. Respondent Winfred Lane Stites, the plaintiff in the trial court proceeding, there sought recovery under the Federal Employers' Liability Act (45 U.S.C. § 51 et seq.) for alleged injuries which occurred in Missouri. As the defendant in that action, the Railroad, under section 20 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 20), filed a limited appearance and the above motion. After a hearing, Judge Gitchoff of the circuit court of Madison County denied the Railroad's motion. Although neither party asserts the impropriety of an original action in mandamus to resolve the issues of this case, we deem it appropriate to note that this court granted leave to file the mandamus herein at a time when there was pending before it the case of Baltimore & Ohio R.R. Co. v. Mosele (1977), 67 Ill.2d 321, which raised similar issues in a like context. There, we observed that a substantial number of corresponding cases against that railroad were pending in the circuit court of Madison County. Under these circumstances, in the interest of judicial economy, we have elected to proceed to the merits of this petition.