Tri-City Railway Co. v. Gould
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Rock Island county; the Hon. Emery C. Graves, Judge, presiding. This is an action on the case, brought in the circuit court of Rock Island county by appellee against appellant to recover damages, alleged to have been suffered by appellee on account of being put or thrown off of one of appellant’s cars by a conductor in the service of appellant.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Rock Island county; the Hon. Emery C. Graves, Judge, presiding. This is an action on the case, brought in the circuit court of Rock Island county by appellee against appellant to recover damages, alleged to have been suffered by appellee on account of being put or thrown off of one of appellant’s cars by a conductor in the service of appellant. The ejection of appellee from the car took place on June 27, 1902, at about eleven o’clock in the night, which was dark and rainy. The…
1Opinion of the CourtJustice Magruder
The judgments in this case must be reversed for error in giving the second and seventh instructions, given for appellee, as the same are set forth in the statement preceding this opinion. The second instruction is erroneous, because it does not limit the degree of care, required of the carrier, to such care as is consistent with the practical operation of the road. In other words, that part of the second instruction, which told the jury, that “the defendant, through its servants in charge of such car, was required to do all that human care, vigilance and foresight could reasonably do, in view…
2Cases cited3 opinions
- North Chicago Street Railroad v. PolkeyIllinois Supreme Court · 1903
- Johnson v. FarrellIllinois Supreme Court · 1905
- Keller v. HansenAppellate Court of Illinois · 1884
3Cited by14 opinions
- Ratner v. Chicago City Railway Co.Illinois Supreme Court · 1908
- Walsh v. Chicago Railways Co.Illinois Supreme Court · 1920
- Elgin, Aurora & Southern Traction Co. v. HenchAppellate Court of Illinois · 1907
- Chicago City Railway Co. v. FosterAppellate Court of Illinois · 1906
- Frick v. Aurora, Elgin & Chicago Railway Co.Appellate Court of Illinois · 1910
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