Chicago Union Traction Co. v. Hampe
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding. This is an appeal from the judgment of the Appellate Court for the First District affirming a judgment of the superior court of Cook county against appellant, a street railway company, recovered by appellee in an action on the case for personal injuries.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding. This is an appeal from the judgment of the Appellate Court for the First District affirming a judgment of the superior court of Cook county against appellant, a street railway company, recovered by appellee in an action on the case for personal injuries. The declaration consisted of but one count, which alleged, among other things, that by reason of the negligence of appellant in the management and operation of a street…
1Opinion of the CourtJustice Scott
Was there a fatal variance between the averment of the declaration and the proof ? The averment is, that the “car struck with great force and violence against” the wagon, whereby the plaintiff “was thrown with great force and violence” upon the ground, and thereby received the injuries of which he complains. There is in this record no evidence whatever which shows that appellee was thrown from the car by the collision. There is evidence of several witnesses, which is uncontradicted, to the effect that appellee stepped from the car or was pushed off the car by other passengers before the…
2Cases cited2 opinions
- Wabash Railroad v. BillingsIllinois Supreme Court · 1904
- Condon v. SchoenfeldIllinois Supreme Court · 1905
3Cited by26 opinions
- Tiffin v. Great Atlantic & Pacific Tea Co.Illinois Supreme Court · 1959
- Lyons v. Chicago City Railway Co.Illinois Supreme Court · 1913
- Lyons v. Joseph T. Ryerson & SonIllinois Supreme Court · 1909
- McKinney v. Illinois Power Co.Appellate Court of Illinois · 1960
- Posch ex rel. Deming v. Chicago Railways Co.Appellate Court of Illinois · 1921
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