Chicago City Railway Co. v. McDonough
Appellate Court of Illinois
Action on the case for death caused by alleged wrongful act. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in this court at the October term, 1904. Statement Tby the Court.
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Action on the case for death caused by alleged wrongful act. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in this court at the October term, 1904. Statement Tby the Court. The plaintiff below, the appellee here, secured in the Circuit Court of Cook County a judgment of $5,000 against the Chicago City Railway Company, the defendant below and appellant here, under the statute allowing damages to the personal representatives of a deceased person for the benefit of the next of kin for causing the death of the deceased by wrongful act, neglect or…
1DissentJustice Ball
The deceased knew the streets that the engine was traversing, for he had ridden along and over them many times. He knew that a double track street railway lay in Ashland avenue, along which the cars of appellant were accustomed to come and go with great rapidity. He knew that 51st street from Marshfield avenue to Ashland avenue was built up on each side, so that, until the engine came within 100 feet of the tracks in Ashland avenue, he could not see north or south along that avenue: He knew that a car coming from, either direction might be nearing the crossing at 51st street at the instant…
2Cases cited5 opinions
- Aurora Branch Railroad v. GrimesIllinois Supreme Court · 1852
- Galena & Chicago Union R. R. v. FayIllinois Supreme Court · 1855
- Kepperly v. RamsdenIllinois Supreme Court · 1876
- Morse v. SweenieAppellate Court of Illinois · 1884
- Maxwell v. DurkinAppellate Court of Illinois · 1900