Legal Opinion

Chicago Union Traction Co. v. Roberts

Illinois Supreme Court

Decided October 23, 1907PublishedCited by 40 opinions

Appear from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. L. C. Ruth, Judge, presiding. This was an action on the case in the circuit court of Cook county by appellee, David Roberts, against appellants, the Chicago Union Traction Company, West Chicago Street Railroad Company and Chicago West Division Railway Company, to recover for personal injuries.

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Appear from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. L. C. Ruth, Judge, presiding. This was an action on the case in the circuit court of Cook county by appellee, David Roberts, against appellants, the Chicago Union Traction Company, West Chicago Street Railroad Company and Chicago West Division Railway Company, to recover for personal injuries. About seven o’clock on the morning of September 4, 1902, appellee was a passenger on the second car of a cable train consisting of a grip-car and two trailers. At a…

1Opinion of the CourtJustice Dunn

Counsel for appellants have wasted labor in discussing the evidence to the extent of nearly two-thirds of their printed argument. On the record no question is presented to this court as to the liability of appellants or the amount of the damages unless error has intervened in receiving or rejecting evidence or in the instructions to the jury.

It is claimed that there is a variance between the declaration and the proof, inasmuch as the declaration charges that the plaintiff was thrown against the seats and other parts of the car, while it is said that the evidence is that he shot directly from…

2Cases cited5 opinions

  1. Illinois Central Railroad v. SmithIllinois Supreme Court · 1904
  2. Schneider v. ManningIllinois Supreme Court · 1887
  3. Elgin, Aurora & Southern Traction Co. v. WilsonIllinois Supreme Court · 1905
  4. City of Chicago v. BorkIllinois Supreme Court · 1907
  5. City of Decatur v. FisherIllinois Supreme Court · 1872

3Cited by40 opinions

  1. Grismore v. Consolidated Products Co.Supreme Court of Iowa · 1942
  2. Clifford-Jacobs Forging Co. v. Industrial CommissionIllinois Supreme Court · 1960
  3. National Life & Accident Ins. Co. v. FollettTennessee Supreme Court · 1935
  4. Schlauder v. Chicago & Southern Traction Co.Illinois Supreme Court · 1911
  5. Langenfelder v. ThompsonCourt of Appeals of Maryland · 1941

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