United Breweries Co. v. O'Donnell
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. F. A. Smith, Judge, presiding. Appellee began an action on the case in the circuit court of Cook county against appellant to recover damages for the death of John Klonowski, who was killed by a wagon belonging to appellant on October 17, 1900, on Paulina street, near Forty-sixth street, in the city of Chicago.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. F. A. Smith, Judge, presiding. Appellee began an action on the case in the circuit court of Cook county against appellant to recover damages for the death of John Klonowski, who was killed by a wagon belonging to appellant on October 17, 1900, on Paulina street, near Forty-sixth street, in the city of Chicago. The declaration contained two counts, the first alleging that the defendant carelessly, negligently, willfully and maliciously managed and drove its…
1Opinion of the CourtJustice Wilkin
All controverted questions of fact have been conclusively settled adversely to the appellant by the judgment below.
At the instance of the plaintiff the trial court gave the following instruction:
“The court instructs the jury, as a matter of law in Illinois, that the degree of care which the child, John Klonowski, was bound to use, was that which a reasonable person of his age should exercise, taking into consideration the age, capacity and discretion of the deceased to avoid danger, so far as the same appear in evidence.”
It is objected that it is erroneous for the reason that it does not…
2Cases cited4 opinions
- Baltimore & Ohio Southwestern Railway Co. v. ThenIllinois Supreme Court · 1896
- Kehl v. AbramIllinois Supreme Court · 1904
- Cicero & Proviso Street Railway Co. v. BrownIllinois Supreme Court · 1901
- Chicago & Alton Railroad v. KellyIllinois Supreme Court · 1904
3Cited by5 opinions
- Heidenreich v. BremnerIllinois Supreme Court · 1913
- Meece v. Holland Furnace Co.Appellate Court of Illinois · 1933
- Trapp v. Rockford Electric Co.Appellate Court of Illinois · 1914
- Branch v. WoulfeAppellate Court of Illinois · 1939
- Spousta v. BergerAppellate Court of Illinois · 1923