Mattson v. Qualey Construction Co.
Appellate Court of Illinois
Action in Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1899.
1Opinion of the CourtJustice Freeman
It is contended by appellant’s counsel that there was sufficient evidence to go to the jury, tending to show that the injury was caused by the negligence of appellee, and that the court erred in directing a verdict for the defendant at the conclusion of all the evidence.
The declaration alleged that “it was the duty of the defendant to keep and maintain its cars, machinery and tracks in a safe and proper condition.” The real duty, however, is to use ordinary and reasonable care and diligence so to do; and it is insisted by appellee’s counsel that the evidence, with all reasonable inferences to…
2Cases cited5 opinions
- Offutt v. World's Columbian ExpositionIllinois Supreme Court · 1898
- Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
- Frazer v. HoweIllinois Supreme Court · 1883
- Boyle v. Illinois Central R. R.Appellate Court of Illinois · 1900
- Hess v. RosenthalIllinois Supreme Court · 1896
3Cited by2 opinions
- Turner v. Chicago Housing AuthorityAppellate Court of Illinois · 1956
- Marshall Field & Co. v. LeBoskyAppellate Court of Illinois · 1907