Legal Opinion

West Chicago Street Railroad v. Lieserowitz

Illinois Supreme Court

Decided June 19, 1902PublishedCited by 25 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brent ano, Judge, presiding. This is an action on the case, originally brought on February 6, 1893, by appellee, then a minor, by her next friend, Louis Lieserowitz, against the appellant company to recover damages for an injury received by appellee, and alleged to have been caused by the appellant’s negligence.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brent ano, Judge, presiding. This is an action on the case, originally brought on February 6, 1893, by appellee, then a minor, by her next friend, Louis Lieserowitz, against the appellant company to recover damages for an injury received by appellee, and alleged to have been caused by the appellant’s negligence. The injury occurred on January 24, 1893, while the appellee was a minor between twelve and thirteen years of age. The declaration consists of…

1Opinion of the CourtChief Justice Magruder

It is assigned as error by the appellant, that the trial court erred in giving instructions, numbered 1, 2, 3 and 4, given by it for the appellee upon the trial below. A general objection is made to these instructions, as a series, upon the alleged ground that they are argumentative in form and character. Upon this subject we agree with the Appellate Court, which says in its opinion: “We do not regard these instructions so far argumentative, as to make them erroneous, especially in view of the very full and favorable instructions given on behalf of appellant, eighteen in number, some of which…

2Cases cited6 opinions

  1. Chicago & Alton Railroad v. FisherIllinois Supreme Court · 1892
  2. Peaslee v. GlassIllinois Supreme Court · 1871
  3. Mt. Olive & Staunton Coal Co. v. RademacherIllinois Supreme Court · 1901
  4. Central Railway Co. v. BannisterIllinois Supreme Court · 1902
  5. Whitney & Starrette Co. v. O'RourkeIllinois Supreme Court · 1898

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3Cited by25 opinions

  1. Signa v. AlluriAppellate Court of Illinois · 1953
  2. Chicago City Railway Co. v. BundyIllinois Supreme Court · 1904
  3. Elgin, Joliet & Eastern Railway Co. v. LawlorIllinois Supreme Court · 1907
  4. Bales v. Pennsylvania RailroadAppellate Court of Illinois · 1952
  5. Goldberg v. Capitol Freight Lines, Ltd.Appellate Court of Illinois · 1942

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