Legal Opinion

Pittsburg, Cincinnati, Chicago & St. Louis Ry. Co. v. Bovard

Illinois Supreme Court

Decided October 23, 1906PublishedCited by 7 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. E. Hanecy, Judge, presiding. This is an action in case, brought in the superior court of Cook county by appellee against the appellant company to recover damages for the death of the appellee’s husband, George Bovard, deceased, alleged to have been caused by the negligence of the appellant.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. E. Hanecy, Judge, presiding. This is an action in case, brought in the superior court of Cook county by appellee against the appellant company to recover damages for the death of the appellee’s husband, George Bovard, deceased, alleged to have been caused by the negligence of the appellant. The trial below resulted in a verdict and judgment in favor of appellee, which judgment has been affirmed by the Appellate Court. The present appeal is prosecuted from…

1Opinion of the CourtJustice Farmer

The appellant, upon the .trial below, asked the court to give to the jury a written instruction to the effect that “the pleadings and all the evidence considered, the plaintiff is not entitled to recover; the jury will therefore return a verdict finding the defendant not guilty.” The court refused to give this instruction, and such refusal is assigned as error. The instruction was properly refused, as there was evidence tending to show that appellant was guilty of negligence which caused the death of Bovard, and that, at the time of the accident, he, Bovard, was in the exercise of due care…

2Cases cited6 opinions

  1. Chicago & Eastern Illinois Railroad v. HinesIllinois Supreme Court · 1890
  2. Hartley v. Chicago & Alton RailroadIllinois Supreme Court · 1902
  3. Grace & Hyde Co. v. ProbstIllinois Supreme Court · 1904
  4. Chicago & Alton Railroad v. RaidyIllinois Supreme Court · 1903
  5. Chicago & Alton Railroad v. O'BrienIllinois Supreme Court · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Densby v. BartlettIllinois Supreme Court · 1925
  2. Watson v. TrinzAppellate Court of Illinois · 1934
  3. Ryder v. PlumleySupreme Court of Florida · 1939
  4. Adams v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Court of Illinois · 1909
  5. Hall v. Chicago & Alton RailroadAppellate Court of Illinois · 1914

2 more not listed; retrieve them via the Exa API.

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