Legal Opinion

Chicago & Alton Railroad v. Wise

Illinois Supreme Court

Decided December 16, 1903PublishedCited by 11 opinions

Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county'; the Hon. John Small, Judge, presiding. Jackson street, in the city of Joliet, runs east and west, and is crossed at about right angles by the tracks of four railroad companies.

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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county'; the Hon. John Small, Judge, presiding. Jackson street, in the city of Joliet, runs east and west, and is crossed at about right angles by the tracks of four railroad companies. On the east is the track of the Elgin, Joliet and Eastern, then in order on the west come three tracks of the Lake Shore, five tracks of the Chicago and Alton, and then five tracks of the Chicago, Santa Fe and California. At the time of the occurrence upon which this action is based there was…

1Opinion of the CourtJustice Scott

The statement of facts contained in the opinion of the Appellate Court in this cause is, we think, substantially correct. We have made such alterations therein as we deemed proper, and as so altered the same is above set forth and adopted as our statement of facts.

The question is properly presented here, whether, as a matter of law, the evidence for the plaintiff below, with the reasonable inferences to" be drawn therefrom, is sufficient to warrant a verdict for the plaintiff. Appellant attempts to excuse the failure of the tower-man to lower the west gate on Jackson street, by reasoning that…

2Cases cited2 opinions

  1. Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
  2. Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879

3Cited by11 opinions

  1. Libby, McNeill & Libby v. CookIllinois Supreme Court · 1906
  2. Anderson v. Pittsburgh Coal Co.Supreme Court of Minnesota · 1909
  3. Domínguez v. Porto Rico Railway Light & Power Co.Supreme Court of Puerto Rico · 1913
  4. Morales v. Central VanninaSupreme Court of Puerto Rico · 1923
  5. New Ohio Washed Coal Co. v. HindmanAppellate Court of Illinois · 1905

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