Toledo, St. Louis & Kansas City Railroad v. Cline
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Fayette county; the Hon. Jacob Fouke, Judge, presiding. This was case, to recover damages for personal injuries, and for injuries to a team of horses and a wagon. The injuries were received at a crossing of a public highway and the railroad of appellant. The declaration contained five counts.
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Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Fayette county; the Hon. Jacob Fouke, Judge, presiding. This was case, to recover damages for personal injuries, and for injuries to a team of horses and a wagon. The injuries were received at a crossing of a public highway and the railroad of appellant. The declaration contained five counts. The negligence charged in the first count was, that “the defendant then and there ran a certain locomotive engine upon said railroad up to and across the said public highway at said crossing,…
1Opinion of the CourtJustice Baker
The Appellate Court, in their opinion filed herein, say: “The case as presented by the evidence was such that the jury might have found either way upon the question whether appellee exercised ordinary care, and whichever way they found we would not feel justified in disturbing their finding. This being a question of fact, entirely within the province of the jury, where their finding may be supported in any reasonable view of the evidence, it should stand. It is only when there is no evidence in the case upon which the finding of the jury can rest, or where the finding is against the clear…
2Cases cited2 opinions
- Terre Haute & Indianapolis Railroad v. VoelkerIllinois Supreme Court · 1889
- Peoria, Pekin & Jacksonville Railroad v. SiltmanIllinois Supreme Court · 1873
3Cited by4 opinions
- North Chicago Street Railroad v. NelsonAppellate Court of Illinois · 1898
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. BakerAppellate Court of Illinois · 1903
- Lake Shore & M. S. Ry. Co. v. FosterAppellate Court of Illinois · 1898
- Ravatt v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Court of Illinois · 1906