North Chicago Street Railway Co. v. Thurston
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. John P. Altgeld, Judge, presiding. The plaintiff in this case, appellee, testified that he was a newsboy; that in May, 1877, in Chicago, at South Water street, he and his companion, a fellow newsboy, turned the corner of Fifth avenue and ran and jumped on a car; that he, plaintiff, ran along the side of the car, heard some one whistle and jumped on the front platform; that he was about to serve a passenger with a paper…
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Appeal from the Superior Court of Cook County; the Hon. John P. Altgeld, Judge, presiding. The plaintiff in this case, appellee, testified that he was a newsboy; that in May, 1877, in Chicago, at South Water street, he and his companion, a fellow newsboy, turned the corner of Fifth avenue and ran and jumped on a car; that he, plaintiff, ran along the side of the car, heard some one whistle and jumped on the front platform; that he was about to serve a passenger with a paper when his hand was caught between the railing of the car and the standard of the bridge; that he could not tell how long…
1Opinion of the CourtWaterm'an, P. J.
The plaintiff not having been a passenger, being at the most but a licensee, the obligation of appellant toward him rested not upon a duty arising out of a contract, but upon grounds of general humanity and respect for the rights of others, and required that appellant should not wantonly or wilfully inflict an injury upon him. Fleming v. Brooklyn C. R. R. Co., 1 Abb. N. S. 433; affirmed, 74 N. S. 618; Blackmoor, Adm’x, v. Toronto Street Ry., 38 Can. Q. B. Rep. 172; I. C. R. R. Co. v. Godfrey, 71 Ill. 500; I. C. R. R. Co. v. Hetherington, 83 Ill. 510; Blanchard v. L. S. & M. S. Ry. Co., 126…
2Cases cited6 opinions
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Illinois Central Railroad v. HetheringtonIllinois Supreme Court · 1876
- Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- Parker v. Portland Publishing Co.Supreme Judicial Court of Maine · 1879
- Chicago, Burlington & Quincy Railroad v. MehlsackIllinois Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- West Chicago Street R. R. v. BinderAppellate Court of Illinois · 1894
- Metropolitan West Side Elevated Railway Co. v. SutherlandAppellate Court of Illinois · 1908