North Chicago St. R. R. v. Balhatchett
Appellate Court of Illinois
Action in Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1898.
1Opinion of the CourtJustice Shepard
The appellee was a passenger upon one of appellant’s street cars, and sued to recover for an alleged injury to his person while being carried as such.
The theory of the defense by appellant, under its plea of the general issue, as disclosed by the evidence, was (1) unavoidable accident, and (2) that appellee sustained no material injury. According to the testimony of appellee, he was sitting when the car was run into, and his head was thrown backward against the partition between the two windows behind him, causing a swelling, about the size of a goose egg, to come upon the back of his head,…
2Cases cited3 opinions
- First National Bank v. DunbarIllinois Supreme Court · 1886
- McDonald v. Illinois Central RailroadSupreme Court of Iowa · 1893
- Edmanson v. A. H. Andrews & Co.Appellate Court of Illinois · 1890