Schaefer v. North Chicago St. R. R.
Appellate Court of Illinois
Assault and Battery.—Trial in the Circuit Court of Cook County; the Hon. Charles G-. Neely, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the October term, 1898.
1Opinion of the CourtJustice Sears
It is conceded by counsel for appellee that the instructions as to contributory negligence upon the part of appellant are erroneous. Upon the declaration and the facts here, no question of contributory negligence is involved. The action is not for negligence, but is in trespass and for a willful wrong. Hence the question of contributory negligence does not arise. C., M. & St. P. Ry. Co. v. Doherty, 53 Ill. App. 282.
And if the declaration had been in case, yet the wrong charged being a willful and wanton wrong, the doctrine of contributory negligence of the plaintiff would have no application.…
2Cases cited8 opinions
- Lake Shore & Michigan Southern Railway Co. v. BodemerIllinois Supreme Court · 1892
- Chicago, Burlington & Quincy R. R. v. GriffinIllinois Supreme Court · 1873
- Pennsylvania Railroad v. ConnellIllinois Supreme Court · 1884
- North Chicago Street Railroad v. OldsAppellate Court of Illinois · 1891
- Chicago, Milwaukee & St. Paul Ry. Co. v. DohertyAppellate Court of Illinois · 1894
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