Legal Opinion

O'Hern v. Chicago City Railway Co.

Appellate Court of Illinois

Decided October 29, 1909No. Gen. No. 14,430Published

Action in case for death caused by alleged wrongful act. Error to the Circuit Court of Cook County; the Hon. Julian .W. Mack, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1908.

1Opinion of the CourtJustice Smith

The questions presented on this record are whether the trial court erred in its rulings on evidence or in directing a verdict of not guilty at the- close of plaintiff’s evidence, in an action on the case for negligence.

The evidence shows that plaintiff’s intestate was killed at the intersection of Fifty-first street and Union avenue in the city of Chicago, by a street car operated by defendant in error, on the night of September 4, 1903. The night was dark, and there were no lights or street lamps of any kind at the crossing. A person could be seen only a few feet away. The deceased had been…

2Cases cited9 opinions

  1. Heimann v. KinnareIllinois Supreme Court · 1901
  2. Chicago City Railway Co. v. NelsonIllinois Supreme Court · 1905
  3. Hoehn v. Chicago, Peoria & St. Louis Railway Co.Illinois Supreme Court · 1894
  4. Lake Street El. R. R. Co. v. GormleyAppellate Court of Illinois · 1903
  5. Savage v. Chicago & Joliet Electric Railway Co.Illinois Supreme Court · 1909

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