Legal Opinion

West Chicago Street Railroad v. Dougherty

Illinois Supreme Court

Decided December 22, 1897PublishedCited by 22 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Philip Stein, Judge, presiding. This was an action for personal injuries, brought by Martin Dougherty, against the West Chicago Street Railroad Company, resulting from an accident which occurred in October, 1892, at the intersection of Milwaukee and Wabansia avenues, in Chicago.

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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. Philip Stein, Judge, presiding. This was an action for personal injuries, brought by Martin Dougherty, against the West Chicago Street Railroad Company, resulting from an accident which occurred in October, 1892, at the intersection of Milwaukee and Wabansia avenues, in Chicago. Appellee, about seven o’clock in the morning, was riding to his work in a wagon owned and driven by one James O’Brien. Wabansia avenue, at the place where it crosses Milwaukee avenue,…

1Opinion of the Court

Mr. Chief Justice

Phillips delivered the opinion of the court:

All questions of fact have been conclusively settled by the judgments of the circuit and Appellate Courts. Appellant assigns and urges as error the admission of certain testimony, and the giving of instructions on the part of the plaintiff below and the refusal of instructions on behalf of the defendant.

Upon the trial of the cause the defendant desired to show by the plaintiff that just before the accident he had remonstrated with O’Brien, the .driver, as to the danger of crossing the track at that particular time, and assigns as…

2Cited by22 opinions

  1. North Chicago Street Railroad v. DudgeonIllinois Supreme Court · 1900
  2. Brainerd v. StateNew York Court of Claims · 1911
  3. Chicago & Eastern Illinois Railroad v. BurridgeIllinois Supreme Court · 1904
  4. North Chicago St. R. R. v. DudgeonAppellate Court of Illinois · 1899
  5. Engstrom v. OlsonAppellate Court of Illinois · 1928

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