Toledo, Peoria & Warsaw Railway Co. v. Riley
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. Edwin S. Leland, Judge, presiding. This was an action on the case, brought by the appellee, against the appellants, in the Circuit Court of Peoria county, to recover damages for alleged injuries sustained by appellee, while attempting to cross the track of appellants, from a collision with one of its trains.
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Appeal from the Circuit Court of Peoria county; the Hon. Edwin S. Leland, Judge, presiding. This was an action on the case, brought by the appellee, against the appellants, in the Circuit Court of Peoria county, to recover damages for alleged injuries sustained by appellee, while attempting to cross the track of appellants, from a collision with one of its trains. The cause was tried before a jury, who found a verdict for the plaintiff for $760.00. A motion for a new trial was overruled, and judgment rendered on the verdict, to reverse which, the case is brought by appeal to this court. The…
1Opinion of the CourtJustice Lawrence
The only negligence attributable in this case to the railway, is the failure to ring the bell, or sound the whistle, for the required time, about which the evidence is contradictory. But assuming the bell was not rung, nor the whistle sounded,
the question recurs, whether the plaintiff was not himself guilty of a degree of negligence which should bar his recovery, and, on that point, we are of opinion the case should be submitted to another jury.
The plaintiff had been to Peoria, with a load of wood, and was returning home, in the afternoon. By his own statement, he had been drinking somewhat…
2Cited by10 opinions
- Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
- Smith v. . R. R.Supreme Court of North Carolina · 1894
- South Chicago City Railway Co. v. DufresneIllinois Supreme Court · 1902
- Fisher v. West Virginia & P. R.West Virginia Supreme Court · 1896
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
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