Swanson v. Chicago City Railway Co.
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Ben M. Smith, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the First District affirming a judgment of the superior court of Cook county for $2500 in an action brought by appellee against appellant to recover damages for injuries resulting from the alleged negligence of appellant’s servants.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Ben M. Smith, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the First District affirming a judgment of the superior court of Cook county for $2500 in an action brought by appellee against appellant to recover damages for injuries resulting from the alleged negligence of appellant’s servants. On January 11. 1906, appellee, a boy a little less than nine years of age, with several other boys, while on his way home from…
1Opinion of the CourtJustice Carter
The first and principal contention of appellant is, that the trial court committed reversible error in giving appellee’s twelfth instruction. Appellee contends that the rule of law announced in this instruction is that laid down by Shearman. & Redfield on the Law of Negligence, (vol. I, sec. 99, 4th ed.) that a plaintiff could recover, “notwithstanding his own negligence exposed him to the risk of injury, if such injury was proximately caused by the omission of the defendant after having such notice of the plaintiff’s danger as would put a prudent man upon his guard to use ordinary care for…
2Cases cited11 opinions
- Lake Shore & Michigan Southern Railway Co. v. BodemerIllinois Supreme Court · 1892
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Chicago City Railway Co. v. FennimoreIllinois Supreme Court · 1902
- North Chicago Electric Railway Co. v. PeuserIllinois Supreme Court · 1901
- Wabash Railroad v. JonesIllinois Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Carson, Pirie, Scott & Co. v. Chicago Railways Co.Illinois Supreme Court · 1923
- Gnat v. RichardsonIllinois Supreme Court · 1942
- People v. MulvaneyIllinois Supreme Court · 1918
- Collins v. McMullinAppellate Court of Illinois · 1922
- Fowler v. Chicago & Western Indiana RailroadAppellate Court of Illinois · 1913
3 more not listed; retrieve them via the Exa API.