Wabash Railway Co. v. Elliott
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Brown county: the Hon. S. P. Shope, Judge, presiding. This was an action on the ease, by the appellee against the appellant, brought in the circuit court of Brown county, to recover for personal injury alleged to have resulted from negligence on the part of the appellant.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Brown county: the Hon. S. P. Shope, Judge, presiding. This was an action on the ease, by the appellee against the appellant, brought in the circuit court of Brown county, to recover for personal injury alleged to have resulted from negligence on the part of the appellant. The negligence charged in the declaration was, that the railway company placed an iron rod or timber across the top of the west end of the bridge on its road, at Valley City, so low as to endanger the lives and…
1Opinion of the CourtChief Justice Dickey
As to the weight of the evidence relating to the allegation of facts, the judgment of the Appellate Court is conclusive. As to the instruction asked by the appellant, and which the circuit court refused to give, we think the decision was right.
It is not the office of the circuit court to determine what circumstances will be sufficient to charge a plaintiff with want of ordinary care, or such want of care as will cut off a right of recovery. The law of this case required of the plaintiff that lie should use ordinary care, considering his surroundings,—that is, such care as men of ordinary…
2Cited by6 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- City of Chicago v. McLeanIllinois Supreme Court · 1890
- Chicago & Northwestern Railway Co. v. MorandaIllinois Supreme Court · 1884
- Chicago & Alton Railroad v. AdlerAppellate Court of Illinois · 1888
- Terre Haute & Indianapolis Railroad v. VoelkerAppellate Court of Illinois · 1889
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