Lake Shore & Michigan Southern Railway Co. v. Kelsey
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. This is a suit to recover for a personal injury. Appellee, a boy fifteen years of age, while riding on the lower step of the platform of a passenger coach belonging to the appellant, was struck by a car standing upon a sidetrack, thrown from the train and injured.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. This is a suit to recover for a personal injury. Appellee, a boy fifteen years of age, while riding on the lower step of the platform of a passenger coach belonging to the appellant, was struck by a car standing upon a sidetrack, thrown from the train and injured. He was holding onto the iron railing of the platform and standing with his back toward the car by which he was struck. It was contended by the appellant…
1Opinion of the CourtJustice Freeman
“Appellant seeks a reversal of this judgment chiefly upon the ground that the boy, as it is claimed, was not exercising due care for his own safety: First, because be was standing on the lowest step of the car of the platform, holding onto the railing, with his back to the sidetrack in question; and second, because his head and body were projecting" beyond the outer side of the coach upon which he was riding.
“The train was operated for the accommodation of workmen. It made thirteen stops between VanBuren street and its terminal station. Its rate of speed was about seven miles an hour. In this…
2Cases cited3 opinions
- Chicago & Alton Railroad v. FisherIllinois Supreme Court · 1892
- North Chicago Street Railroad v. WilliamsIllinois Supreme Court · 1892
- Hoehn v. Chicago, Peoria & St. Louis Railway Co.Illinois Supreme Court · 1894
3Cited by10 opinions
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Chicago & Western Indiana Railroad v. NewellAppellate Court of Illinois · 1904
- Kloepher v. OsborneAppellate Court of Illinois · 1913
- Alabama Great Southern R. R. v. GilbertAlabama Court of Appeals · 1912
- Chicago G. W. Ry. Co. v. MohanAppellate Court of Illinois · 1900
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