North Chicago St. R. R. v. Allen
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Trial in the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
1Opinion of the Court
Mr. Presiding Justice Windes,
after making the foregoing statement, delivered the opinion of the court.
The only points argued by appellant’s counsel in his brief are that for the failure of appellee to show ordinary care, the court should have instructed the jury to find for appellant, and that the court erred in modifying the instruction quoted in the statement, and given as modified as instruction ten.
We are clearly of opinion that the evidence relating to the care exercised by appellee was such that it could not be said, as matter of law, he was not in the exercise of ordinary care for his…
2Cases cited4 opinions
- Pennsylvania Co. v. FranaIllinois Supreme Court · 1884
- Chicago West Division Railway Co. v. RyanIllinois Supreme Court · 1890
- Roller v. Sutter St. R.R.California Supreme Court · 1884
- Fort Worth Street Railroad v. WittenTexas Supreme Court · 1889