Cline v. Chicago, Milwaukee & St. Paul Railway Co.
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Clinton F. Irwin, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.
1Opinion of the CourtJustice Barnes
2. Railroads, § 738*—when driver of automobile truck attempting to cross railroad track guilty of contributory negligence. In' an action for damages caused by collision of a railroad engine with an automobile truck, the law will not tolerate the absurdity of allowing plaintiff to testify that he looked but did not see the train, when the view was unobstructed and where if he had properly exercised his sight he must have seen it. 3. Railroads, § 729*—when negative testimony as to ringing of bell insufficient to overcome positive testimony. In a suit for damages caused by a locomotive colliding…
2Cited by2 opinions
- Rucker v. Alton Railroad Co.Supreme Court of Missouri · 1938
- Wolf v. New York, Chigago & St. Louis RailroadSupreme Court of Missouri · 1941