Chicago Telephone Co. v. Schulz
Appellate Court of Illinois
Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Elbbidge Hanecy, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court.
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Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Elbbidge Hanecy, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. This is an appeal from a judgment rendered in favor of appellee and against appellant, in an action in case for negligence, in the sum of $8,500. The jury assessed appellee’s damages at the sum of $15,000, but, on motion for new trial, appellee remitted $6,500. ■ Hereafter appellee will be referred to as plaintiff and appellant as defendant. The suit was commenced June 20, 1901. December 9,…
1Opinion of the Court
He. Justice Adams
delivered the opinion of the court.
The plaintiff’s counsel argue that the evidence shows that the plaintiff received an electric shock, and that the jury were warranted in so finding. In. view of the conclusion we have reached, after a very careful consideration of the evidence and the arguments of counsel, we do not find it necessary, nor do we deem it expedient to pass on this question. It was incumbent on the plaintiff, on the hypothesis that she received an electric shock, to prove that the shock was occasioned 'by the defendant’s negligence. Negligence cannot be inferred…
2Cases cited3 opinions
- Offutt v. World's Columbian ExpositionIllinois Supreme Court · 1898
- Cole v. PennoyerIllinois Supreme Court · 1852
- Omaha Packing Co. v. MurrayAppellate Court of Illinois · 1904
3Cited by3 opinions
- Orenstein v. Boston StoreAppellate Court of Illinois · 1913
- Shellabarger v. JacobsAppellate Court of Illinois · 1942
- Born v. Chicago City Railway Co.Appellate Court of Illinois · 1911