West Chicago Street Railroad v. Scanlan
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding. This is an action by James F. Scanlan, administrator of the estate of Ida Pearl Fisk, deceased, to recover damages for the death of his intestate, alleged to have been occasioned by the negligence of the West Chicago Street Railroad Company, in the city of Chicago.
Read the full summary
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding. This is an action by James F. Scanlan, administrator of the estate of Ida Pearl Fisk, deceased, to recover damages for the death of his intestate, alleged to have been occasioned by the negligence of the West Chicago Street Railroad Company, in the city of Chicago. It appears that the deceased, who was but a child, while playing on Western avenue, was run over by a car of the defendant and sustained injuries resulting in…
1Opinion of the CourtJustice Wilkin
The verdict of the jury and the judgment of affirmance in the Appellate Court have settled all controverted questions of fact, and we understand the only question raised on this appeal is as to the instructions. The only instruction asked on behalf of plaintiff was as follows:
“The court instructs the jury, that if they find, from the evidence, that the plaintiff has made out his case by a preponderance of the evidence, as laid in his declaration, then the jury must find for the plaintiff.”
This instruction, it is first insisted, is erroneous because it fails to state the law as to the degree…
2Cited by7 opinions
- Krieger v. Aurora, Elgin & Chicago RailroadIllinois Supreme Court · 1909
- Bobalek v. AtlassAppellate Court of Illinois · 1942
- George I. v. Petroleum Heat & Power Co.Appellate Court of Illinois · 1963
- State v. DavisWest Virginia Supreme Court · 1914
- Masonic Fraternity Temple Ass'n v. CollinsAppellate Court of Illinois · 1903
2 more not listed; retrieve them via the Exa API.