Legal Opinion

Fisk v. Chicago Water Chute Co.

Appellate Court of Illinois

Decided April 10, 1905No. Gen. No. 11,887Published

Action on the case for personal injuries. Error to the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Statement by the Court. This is an action on the case by plaintiff in error against defendant in error for injuries sustained by her through the negligence of the defendant. The cause was tried on a single count, called the additional count, and a plea of not guilty.

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Action on the case for personal injuries. Error to the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Statement by the Court. This is an action on the case by plaintiff in error against defendant in error for injuries sustained by her through the negligence of the defendant. The cause was tried on a single count, called the additional count, and a plea of not guilty. The additional count alleged in substance that on September 1, 1899, the defendant in error was, and for a long time theretofore had been, operating and conducting in the city of Chicago in. said Cook…

1Opinion of the Court

Mr. Presiding Justice Ball

delivered the opinion of the court.

The first contention of the plaintiff is that the verdict is contrary to the weight of the evidence. The testimony of the plaintiff and of her witnesses tended to prove that the boat was released and started down the inclined plane before she had a chance to seat herself and to adjust her skirts, and that in consequence of this negligence she was thrown up in the air when the boat struck the water and fell back in the boat with such violence as to injure her. The evidence of the defendant’s witnesses tended to prove that upon the…

2Cases cited6 opinions

  1. Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1898
  2. West Chicago Street Railroad v. MartinIllinois Supreme Court · 1894
  3. Field v. FrenchAppellate Court of Illinois · 1899
  4. Norton v. VolzkeIllinois Supreme Court · 1895
  5. Pittsburg, Cincinnati, Chicago & St. Louis Ry. Co. v. SmithIllinois Supreme Court · 1904

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