Chicago City Ry. Co. v. Wall
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in this court at the March term, 1900. Statement.—This suit was brought by appellee to recover damages for personal injuries caused, as is charged, by negligence of appellant. Appellee was riding in a buggy with one Hull, who was driving.
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Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in this court at the March term, 1900. Statement.—This suit was brought by appellee to recover damages for personal injuries caused, as is charged, by negligence of appellant. Appellee was riding in a buggy with one Hull, who was driving. Hull drove west on Twenty-fourth street in the city of Chicago, and coming to Wentworth avenue, he undertook to drive across appellant’s car tracks upon that street, upon which tracks a car of the appellant was…
1Opinion of the CourtJustice Sears
It is argued by counsel for appellant that the evidence discloses that Hull, the driver, was negligent. The law does not impute to appellee any negligence of which the driver was guilty, unless appellee was in some manner at fault for such negligence. Wabash Ry. Co. v. Shacklett, 105 Ill. 364; Union Ry. & Tr. Co. v. Shacklet, 119 Ill. 232; W. C. St. R. R. Co. v. Piper, 165 Ill. 325; Landon v. Ch. & Gr. T. R. R. Co., 92 Ill. App. 216; W. C. St. R. R. Co. v. Dedloff, 92 Ill. App. 547.
In England it was'held by a decision at Common Pleas in 1849 that the passenger must be considered as identified…
2Cases cited11 opinions
- Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
- Illinois Central Railroad v. AshlineIllinois Supreme Court · 1898
- City of Aurora v. HillmanIllinois Supreme Court · 1878
- White v. HermannIllinois Supreme Court · 1869
- Baltimore & Ohio Southwestern Railway Co. v. KeckIllinois Supreme Court · 1900
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