Illinois Central Railroad v. Nowicki
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Joras Hutciiirsor, Judge, presiding. The place where the accident occurred concerning which this suit was brought, is in South Chicago, at a point on the line of the Illinois Central Railway at its intersection with what is commonly called 83d street.
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Appeal from the Superior Court of Cook County; the Hon. Joras Hutciiirsor, Judge, presiding. The place where the accident occurred concerning which this suit was brought, is in South Chicago, at a point on the line of the Illinois Central Railway at its intersection with what is commonly called 83d street. This street is but about one block in length, beginning at Huston avenue on the east and extending to and terminating at Commercial avenue on the west, which latter avenue runs along the west side and is parallel with the railroad tracks. The railroad here consists of two main tracks, the…
1Opinion of the CourtJustice Waterman
It is insisted that there is no evidence that at the time of the injury the deceased Avas exercising ordinary care. ■
While it is true that in an action for personal injuries, based upon the negligence of the defendant, it is an essential element of the plaintiff’s case that the injured party must haAre been in the exercise of ordinary care, yet it is not indispensable that such fact should be directly shown by aiidrmative evidence. There is in all men a natural instinct of self-preservation, and such instinct is an element of evidence of Avhich the jury may take notice, and, in the absence of…
2Cases cited4 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Lake Shore & Michigan Southern Railway Co. v. JohnsenIllinois Supreme Court · 1891
- Pennsylvania Co. v. KeaneAppellate Court of Illinois · 1891
- Lincoln Ice Co. v. JohnsonAppellate Court of Illinois · 1890
3Cited by11 opinions
- Northern Pac. Ry. Co. v. SpikeCourt of Appeals for the Eighth Circuit · 1903
- Kunkel v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1909
- Lewis v. Rio Grande Western Ry. Co.Utah Supreme Court · 1912
- Gilchrist v. EustromCourt of Appeals for the Eighth Circuit · 1895
- Karp v. HerderWashington Supreme Court · 1935
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