Legal Opinion

Chicago Terminal Transfer Railroad v. Gruss

Illinois Supreme Court

Decided December 16, 1902PublishedCited by 16 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This is an appeal from a judgment of the Appellate Court affirming a judgment for $6000 recovered by appellee in the Cook superior court for personal injuries.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This is an appeal from a judgment of the Appellate Court affirming a judgment for $6000 recovered by appellee in the Cook superior court for personal injuries. On June 25,1899, Agmes Gruss, the appellee, who was then about sixteen years of age, became a passenger-on one of the trains of the appellant, the Chicago Terminal Transfer Railroad Company, at Chicago, to go to Blue Island, she having purchased a round-trip ticket…

1Opinion of the CourtJustice Carter

We are of the opinion that the evidence tended to prove that appellant was guilty of wantonly backing its train against the appellee and injuring her, as charged in the declaration. It appears that the train ran back a distance of one hundred feet after the brakeman had discovered and knew her perilous position on the bridge. As the engineer testified, he could have stopped the train within thirty feet after having received a signal to stop. It was a question for the jury, under all the circumstances in evidence, whether appellant’s servants in charge of the train were guilty of willfulness…

2Cases cited2 opinions

  1. Martin v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1901
  2. Cicero & Proviso Street Railway Co. v. BrownIllinois Supreme Court · 1901

3Cited by16 opinions

  1. Marquette Third Vein Coal Co. v. DielieIllinois Supreme Court · 1904
  2. Posch ex rel. Deming v. Chicago Railways Co.Appellate Court of Illinois · 1921
  3. Grinestaff v. New York Central RailroadAppellate Court of Illinois · 1929
  4. National Enameling & Stamping Co. v. McCorkleIllinois Supreme Court · 1906
  5. Layton v. OgonoskiAppellate Court of Illinois · 1930

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