Chicago Terminal Transfer Railroad v. Schiavone
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. This is an action on the case brought by the appellee, as administrator of the estate of Francisco Surianelli, deceased, in the circuit court of Cook county, to recover damages resulting from the death of his intestate, caused, as he charges, by the wrongful acts of appellant.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. This is an action on the case brought by the appellee, as administrator of the estate of Francisco Surianelli, deceased, in the circuit court of Cook county, to recover damages resulting from the death of his intestate, caused, as he charges, by the wrongful acts of appellant. A recovery was had under the fourth count of the declaration, which alleges the existence of the relation of master and. servant between the deceased and…
1Per curiam
At the close of all the evidence appellant moved for a peremptory instruction directing the jury to" return a verdict of not guilty, and the action of 'the court in overruling that motion is assigned as error. Appellee insists that appellant is estopped from asserting that there was no proof of negligence on its part or of the exercise of due care by decedent, for the reason that, after this motion was .overruled, appellant requested, and the court gave, instructions which submitted' to the jury these matters as questions of fact. We have recently decided this proposition adversely to…
2Cases cited1 opinion
- Chicago Union Traction Co. v. O'DonnellIllinois Supreme Court · 1904
3Cited by6 opinions
- Scott v. Peabody Coal Co.Appellate Court of Illinois · 1910
- Chicago, Rock Island & Pacific Railway Co. v. MoranAppellate Court of Illinois · 1906
- Devine v. Chicago & Alton RailroadAppellate Court of Illinois · 1913
- Duncan v. Chelsea Hotel Co.Appellate Court of Illinois · 1945
- Hall v. Chicago & North Western Railway Co.Appellate Court of Illinois · 1954
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