Illinois Central R. R. v. Klein
Appellate Court of Illinois
•Trespass on tlie Case. — Appeal from the Circuit Court of St. Clair County; the Hon. Martin W. Schaefer, Judge, presiding. Heard in this court at the August term, 1900. Statement. — This is an action on the case, by appellee against appellant, for injuries sustained by appellee, a minor of the age of fifteen years- at the time of the accident.
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•Trespass on tlie Case. — Appeal from the Circuit Court of St. Clair County; the Hon. Martin W. Schaefer, Judge, presiding. Heard in this court at the August term, 1900. Statement. — This is an action on the case, by appellee against appellant, for injuries sustained by appellee, a minor of the age of fifteen years- at the time of the accident. There was a trial by jury, a verdict for plaintiff for $7,000, a motion by appellant for a new trial, which was overruled, and judgment was'rendered on the verdict. The accident happened the 3d of February, 1900, on the tracks of appellant in the city…
1Opinion of the CourtJustice Bigelow
Under the state of facts as before given, it is first insisted by appellant that appellee was guilty of contributory negligence in choosing- a route known to be dangerous. The driveway is shown to be one of the ordinary ways of getting across appellant’s tracks and in good repair; also that the boys were driving slowly and had full control of a gentle horse, used to the trains. All that appellant was entitled to in this state of the proof was submitted to the jury in its seventh instruction. It must be a rare case which would authorize a court to say, as a matter of law, that a pedestrian or…
2Cases cited17 opinions
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Illinois Central Railroad v. HetheringtonIllinois Supreme Court · 1876
- Chicago, Burlington & Quincy Railroad v. PerkinsIllinois Supreme Court · 1888
- Baltimore & Potomac Railroad v. CumberlandSupreme Court of the United States · 1900
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. CallaghanIllinois Supreme Court · 1895
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3Cited by1 opinion
- Illinois Central R. R. v. SchmittAppellate Court of Illinois · 1902