North Chicago Street Railroad v. Cook
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the lion Richard W. Clifford. Judge, presiding,, Appellee, an old and infirm man, standing in the street, signaled one of appellant’s cars to stop and let him on. The car passed him a short distance and stopped to let a woman get off.
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Appeal from the Circuit Court of Cook County; the lion Richard W. Clifford. Judge, presiding,, Appellee, an old and infirm man, standing in the street, signaled one of appellant’s cars to stop and let him on. The car passed him a short distance and stopped to let a woman get off. Appellee, being beckoned by passengers upon the rear steps to come on, hobbled along, and it would seem caught hold of the hand rail; he was not very active and ere he could step up, some one, a passenger apparently (the conductor denies that he did), gave a signal to go on, in consequence of which the car started,…
1Opinion of the CourtWatermar, P. J.
The very able briefs presented byappellant show what we regard as errors committed upon the trial of this cause. In the absence of any evidence showing what amount of expense appellee had paid or incurred, we do not think that the jury should have been instructed that in estimating plaintiff’s damages they might include the necessary expenses which could be treated as a necessary result of the injury. It is true, as is urged by appellee, that there are some things which a jury may consider, in the absence of direct testimony establishing the fact; but neither the average man nor the average…
2Cases cited4 opinions
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Chicago, Burlington & Quincy Railroad v. HaleIllinois Supreme Court · 1876
- Clark v. HymanSupreme Court of Iowa · 1880
- Illinois Central Railroad v. FrelkaAppellate Court of Illinois · 1882
3Cited by3 opinions
- Atlantic Coast Line Railroad v. CantyCourt of Appeals of Georgia · 1913
- Bloomington & Normal Railway v. ZimmermanAppellate Court of Illinois · 1902
- Harris v. ShebeckAppellate Court of Illinois · 1893