Legal Opinion

West Chicago St. R. R. Co. v. Callow

Appellate Court of Illinois

Decided May 23, 1902PublishedCited by 3 opinions

Trespass on the Case.—Death from negligent act. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge presiding.

1Opinion of the CourtJustice Waterman

While the mere fact that a street car is running fast does not establish that it was being run in a negligent manner, the rate of speed may be considered in connection with other circumstances to determine the question of negligence.

Neither the motorman of an electric car nor the driver of any vehicle is obliged to be all the while on guard against unreasonable conduct on the part of others on the street. All persons are in respect to others bound to use at least ordinary care; what constitutes such care depends upon the circumstances which call for its exercise.

The motorman of a street car…

2Cases cited6 opinions

  1. North Chicago Street Railroad v. WilliamsIllinois Supreme Court · 1892
  2. Pennsylvania Co. v. FranaIllinois Supreme Court · 1884
  3. Chicago City Railway Co. v. DinsmoreIllinois Supreme Court · 1896
  4. Illinois Central Railroad v. GriffinIllinois Supreme Court · 1900
  5. Myers v. Indianapolis & St. Louis Railway Co.Illinois Supreme Court · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Omaha Packing Co. v. MurrayAppellate Court of Illinois · 1904
  2. Eckels v. BoylanAppellate Court of Illinois · 1907
  3. Chicago City Ry. Co. v. BensonAppellate Court of Illinois · 1903

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API