West Chicago Street Railroad v. Marks
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This is an action by appellee, against appellant, to recover for personal injuries received by him while a passenger on one of defendant’s cable cars.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This is an action by appellee, against appellant, to recover for personal injuries received by him while a passenger on one of defendant’s cable cars. The declaration contains two counts, in the first of which it is alleged that defendant suffered plaintiff to ride on its cars in a dangerous place, to-wit, on the left-side step of a summer car, standing room on such car step being the best accommodation afforded when…
1Opinion of the CourtJustice Phillips
It sufficiently appears from the allegations of the declaration that the plaintiff became a passenger on the defendant’s cars and the latter did not use proper care to see that the former should be carried safely; that it negligently ran its cars so near to a fixed structure that there was not room enough, unless standing very close to the car, when riding on the foot-board, to be carried in safety, and that the plaintiff did not know of the existence of the fixed structure and was not warned of it by the defendant, and whilst using due care and caution for his own safety was unavoidably…
2Cited by4 opinions
- Anderson v. City Railway Co.Oregon Supreme Court · 1903
- Tietz v. International Railway Co.New York Court of Appeals · 1906
- Cameron v. Lewiston, Brunswick & Bath Street RailwaySupreme Judicial Court of Maine · 1908
- Cunningham's Administrator v. Central Kentucky Traction Co.Court of Appeals of Kentucky · 1913