Garland v. Chicago & Northwestern Railway Co.
Appellate Court of Illinois
Appeal from, the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was an action on the ease, brought by Juliette E. Garland against the Chicago and- Northwestern Railway Company, to recover damages for a personal injury to the plaintiff, caused as it is claimed, by the negligence of the defendant. On the trial in the court below, the jury found the defendant not guilty, and the defendant had judgment for costs.
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Appeal from, the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was an action on the ease, brought by Juliette E. Garland against the Chicago and- Northwestern Railway Company, to recover damages for a personal injury to the plaintiff, caused as it is claimed, by the negligence of the defendant. On the trial in the court below, the jury found the defendant not guilty, and the defendant had judgment for costs. The facts as they were developed at the trial, were briefly as follows : On the 15th day of August, 1879, the plaintiff, while riding with her husband…
1Opinion of the CourtBailey, J.
There is no view of the evidence we are able to take which does not charge the plaintiff and her husband with gross negligence. Ordinary experience and judicial decisions without number concur in declaring railway crossings, where trains of cars are frequently passing, to be places of great danger, and the rule has accordingly been laid down and frequently repeated by our Supreme Court, that “ it is the duty of persons about to cross a railroad to look about them and see if there is danger; not to go recklessly upon the road, but to take the proper precautions themselves to avoid accidents at…
2Cases cited2 opinions
- Chicago & Alton R. R. v. GretznerIllinois Supreme Court · 1867
- Illinois Central Railroad v. GoddardIllinois Supreme Court · 1874
3Cited by6 opinions
- Johnson v. FranklinSupreme Court of Connecticut · 1930
- O'Malley v. Chicago City Railway Co.Appellate Court of Illinois · 1889
- Isley v. McClandishAppellate Court of Illinois · 1939
- Williams v. Pennsylvania RailroadAppellate Court of Illinois · 1924
- West Chicago St. R. R. v. ScanlanAppellate Court of Illinois · 1897
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