Legal Opinion

Chicago Consolidated Bottling Co. v. Tietz

Appellate Court of Illinois

Decided January 16, 1891Published

Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding.

1Opinion of the CourtWaterman, J.

This was an action based upon the alleged negligence of appellant in running over, in the streets of Chicago, one Edmund Fritz, a child four years of age.

As shown by the "evidence the negligence of the driver of defendant’s team consisted not in fast driving, but in inattention to what was in the street before him. There was evidence tending to show that if the driver had been paying close attention to what was in the street before him, he would have seen the child; that he did not see him, although many others did and cried out, is admitted; and as his team was walking slowly, if he had been…

2Cases cited3 opinions

  1. Chicago, Milwaukee & St Paul Railway Co. v. WilsonAppellate Court of Illinois · 1890
  2. Stumer v. PitchmanAppellate Court of Illinois · 1887
  3. Village of Clayton v. BrooksAppellate Court of Illinois · 1889

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