Chicago Union Traction Co. v. Leonard
Appellate Court of Illinois
Action on the case for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the March term, 1905. Statement by the Court. This appeal is taken from a judgment of the Circuit Court of Cook County in favor of appellee against appellant for $1,000. The judgment was rendered February 4,1905, afte> a motion for a new trial and a motion in arrest of judgment by the defendant had been denied.
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Action on the case for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the March term, 1905. Statement by the Court. This appeal is taken from a judgment of the Circuit Court of Cook County in favor of appellee against appellant for $1,000. The judgment was rendered February 4,1905, afte> a motion for a new trial and a motion in arrest of judgment by the defendant had been denied. It was on a verdict of a jury rendered December 15, 1904. The declaration contained two counts. The first averred that the…
1Opinion of the CourtJustice Beown
To entitle the plaintiff below (the appellee here) to recover under his declaration in this case, it was incumbent on him to show by a preponderance of evidence that he was injured because the defendant’s servants suddenly and negligently jerked the car he was riding on by a start or acceleration of speed, knowing that the plaintiff was so standing that such a movement of the car might throw his arm in the door jamb, or that he was injured because the defendant’s servant, knowing that his arm was in the door jamb, negligently and carelessly closed the door on it.
Knowledge of one or the other…
2Cases cited4 opinions
- North Chicago Street Railway Co. v. CottonIllinois Supreme Court · 1892
- West Chicago Street Railroad v. MartinIllinois Supreme Court · 1894
- Field v. FrenchAppellate Court of Illinois · 1899
- West Chicago Street Railroad v. MartinAppellate Court of Illinois · 1893
3Cited by12 opinions
- Pointer v. Mountain Railway Construction Co.Supreme Court of Missouri · 1916
- Barger v. ChelponSouth Dakota Supreme Court · 1932
- Atkinson v. United Railroads of San FranciscoCalifornia Court of Appeal · 1925
- Midland Valley R. v. ConnerCourt of Appeals for the Eighth Circuit · 1914
- Moore v. ClagettCourt of Appeals for the D.C. Circuit · 1919
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