Legal Opinion

West Chicago Street R. R. v. Binder

Appellate Court of Illinois

Decided January 11, 1894PublishedCited by 3 opinions

Memorandum.—Action for negligence. In the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1893.

1Opinion of the Court

Mt?„ Justice Gary

delivered the opinion of the Court.

About seven o’clock on the morning of September 17,1890, Gotthold B. Binder, a boy twelve years of age, hurried out of a fruit store, about sixty feet from the corner of Fontenoy Court and Milwaukee avenue, and held up his ,hand as a signal for a cable car with a trailer, then at the corner, to stop.

That he meant that the holding up of his hand should be taken as a signal to stop, is but an inference, but it is a fair one.' There is no proof that the gripman saw the boy, and the gripman testified that he did not. That the car had slackened…

2Cases cited4 opinions

  1. Chicago, Burlington & Quincy Railroad v. MehlsackIllinois Supreme Court · 1889
  2. Chicago & Western Indiana Railroad v. RoathAppellate Court of Illinois · 1890
  3. Basch v. North Chicago Street Railway Co.Appellate Court of Illinois · 1891
  4. North Chicago Street Railway Co. v. ThurstonAppellate Court of Illinois · 1892

3Cited by3 opinions

  1. Ryan v. Milwaukee Northern Railway Co.Wisconsin Supreme Court · 1925
  2. Conlon v. BaileyAppellate Court of Illinois · 1895
  3. Cincinnati Traction Co. v. HolzenkampOhio Superior Court, Cincinnati · 1905

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