Lake Shore & Michigan Southern R. R. v. Elson
Appellate Court of Illinois
Appeal from the Superior Court of Cook county ; the Eton. Elliott Anthony, Judge, presiding. ' This was an action by appellee, as administrator of the estate of William Elson, deceased, under the statute, to recover damages of appellant for negligently causing the death of appellee’s intestate. The negligence charged in the several counts of the declaration is: (1) The general duty to have a flagman at the street crossing, and the breach of that duty.
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Appeal from the Superior Court of Cook county ; the Eton. Elliott Anthony, Judge, presiding. ' This was an action by appellee, as administrator of the estate of William Elson, deceased, under the statute, to recover damages of appellant for negligently causing the death of appellee’s intestate. The negligence charged in the several counts of the declaration is: (1) The general duty to have a flagman at the street crossing, and the breach of that duty. (2) Failure to perform the statutory duty of ringing a bell or sounding a whistle. (3) Want of a conspicuous light on the forward end of the…
1Opinion of the CourtMcAllister, P. J.
We have carefully examined the evidence, as preserved in and brought here by the record, and find that upon the point whether deceased exercised ordinary care on the occasion in question, the evidence leaves the matter in such doubt that the jury might have been justified in finding either way upon that question; that upon the question of negligence on the part of the appellant railroad company, in any of the aspects charged in the declaration, the evidence was so very closely conflicting as to render it doubtful, at least, whether the plaintiff below was entitled to recover. In such a case…
2Cases cited11 opinions
- Ruff v. JarrettIllinois Supreme Court · 1880
- Stratton v. Central City Horse Railway Co.Illinois Supreme Court · 1880
- Toledo, Wabash & Western Railway Co. v. MooreIllinois Supreme Court · 1875
- Wabash Railroad v. HenksIllinois Supreme Court · 1878
- East St. Louis Packing & Provision Co. v. HightowerIllinois Supreme Court · 1879
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3Cited by2 opinions
- Peters v. MadiganAppellate Court of Illinois · 1931
- Pendleton v. Chicago City Railway Co.Appellate Court of Illinois · 1901