Chicago City Railway Co. v. Rood
Illinois Supreme Court
the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Edward F. Dunne, Judge, presiding. This wasan action by appellee, Rood, against the appellant company, to recover damages for a personal injury.
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the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Edward F. Dunne, Judge, presiding. This wasan action by appellee, Rood, against the appellant company, to recover damages for a personal injury. The declaration contains four special counts, the first three of which charge negligence on the part of appellant’s servants in the operation of the car of appel- lant upon which appellee was riding at the time he was injured. The fourth count charges negligence in the con- struction and equipment of the car. The trial resulted in…
1Opinion of the CourtChief Justice Magruder
By the giving of the instructions set out in the statement preceding this opinion, the court submitted the case to the jury upon the theory, that, if the appellee proved that he was in the exercise of ordinary care at the time of the accident, there was a presumption that appellant was guilty of negligence, and accordingly that the appellant had the burden of proving by a preponderance of evidence, that it was not negligent. The question presented for our consideration is, whether, in case of the happening of an accident to a passenger upon a street car, the two concurrent facts of the…
2Cases cited8 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- North Chicago Street Railway Co. v. CottonIllinois Supreme Court · 1892
- Transportation Company v. DownerSupreme Court of the United States · 1871
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
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3Cited by35 opinions
- O'Callaghan v. Dellwood Park Co.Illinois Supreme Court · 1909
- Chicago Union Traction Co. v. MeeIllinois Supreme Court · 1905
- Sims v. Chicago Transit AuthorityAppellate Court of Illinois · 1955
- Sullivan v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1924
- Barnes v. Danville Street Railway & Right Co.Illinois Supreme Court · 1908
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