Lake Street Elevated Railroad v. Shaw
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is an action on the case, brought by the appellee in the circuit court of Cook county, against the appellant, to recover damages for a personal injury alleged to have been sustained by her in consequence of the negligence of the appellant.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is an action on the case, brought by the appellee in the circuit court of Cook county, against the appellant, to recover damages for a personal injury alleged to have been sustained by her in consequence of the negligence of the appellant. The declaration, which consisted of one count, alleged that on the 27th day of September, 1897, the appellee took passage upon one of the elevated cars of the appellant at Adams street and…
1Opinion of the CourtJustice Hand
It is first contended that the court erred in declining to take the case from the jury upon the motion of the appellant, made at the close of all the evidence, on the ground that there was a variance between the proof and the declaration. It was averred in the declaration that the appellant carelessly and negligently caused the train upon which appellee was a passenger, as she was about to alight therefrom at her destination, to be suddenly and violently started and moved, and thereby the plaintiff was thrown with great force from and off said train to and upon the wooden platform of the…
2Cases cited2 opinions
- Illinois Central Railroad v. SuttonIllinois Supreme Court · 1867
- Iroquois Furnace Co. v. McCreaIllinois Supreme Court · 1901
3Cited by19 opinions
- Fornoff v. SmithAppellate Court of Illinois · 1935
- Seaburg v. WilliamsAppellate Court of Illinois · 1959
- Gulf, C. &. S. F. Ry. Co. v. YoungCourt of Appeals of Texas · 1926
- Town of Cicero v. BartelmeIllinois Supreme Court · 1904
- Hagen v. SchleuterIllinois Supreme Court · 1908
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