Rack v. Chicago City Railway Co.
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding.
1Opinion of the CourtJustice Waterman
As is well stated by counsel for appellant, “ So long as reasonable minds might differ as to whether the facts shown constitute negligence,” the question of whether there was. negligence must be submitted to the jury.
It appeared by the evidence that upon the day of the-accident the track was wet and slippery; that when the track is dry a train can not be stopped in a distance of less than sixty feet; that when the track is wet, it takes a greater distance.
There was nothing tending to contradict the testimony of the gripman, that as soon as the plaintiff started to run across the street he did…
2Cases cited5 opinions
- Trumbo's Adm'r v. City Street-Car Co.Supreme Court of Virginia · 1893
- Citizens Street R. W. Co. v. CareyIndiana Supreme Court · 1877
- Fleishman v. Neversink Mountain RailroadSupreme Court of Pennsylvania · 1896
- Calumet Electric Street Railway Co. v. Van PeltAppellate Court of Illinois · 1897
- Gannon v. New Orleans City & Lake RailroadSupreme Court of Louisiana · 1896
3Cited by1 opinion
- Chicago City Ry. Co. v. FennimoreAppellate Court of Illinois · 1901