Chicago & Alton Railroad v. Dillon
Appellate Court of Illinois
Appeal from Circuit Court of St. Clair county ; the Hon. Ajsios Watts, Judge, presiding. Action on the case by appellee against the appellant to recover damages for injuries received in a collision occurring at the intersection or crossing of Avenue “ F, ” at the National Stock Yards at East St. Louis, with a railroad track upon which the appellant was running one of its locomotives.
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Appeal from Circuit Court of St. Clair county ; the Hon. Ajsios Watts, Judge, presiding. Action on the case by appellee against the appellant to recover damages for injuries received in a collision occurring at the intersection or crossing of Avenue “ F, ” at the National Stock Yards at East St. Louis, with a railroad track upon which the appellant was running one of its locomotives. The ap_ pellee was riding over the crossing in a wagon when he was struck by the engine, his horse killed, wagon broken and he seriously injured. The negligence alleged as the cause of the collision consisted in…
1Opinion of the CourtPillsbury, P. J.
The instructions asked by pilaintiff below concede that the evidence shows a proper case for the application of the doctrine of comparative negligence as applied by the courts of this State. It will be noticed that the instructions, while requiring the jury to find that the negligence of plaintiff was slight, and that of the defendant gross, omit entirely the element of the doctrine, uniformly announced in all the decisions, that requires the jury to compare the negligence of the respective parties and determine from such comparison whether the one is slight and the other gross.
This omission…
2Cases cited6 opinions
- Chicago, Burlington & Quincy Railroad v. JohnsonIllinois Supreme Court · 1882
- Indianapolis & St. Louis Railroad v. MorgensternIllinois Supreme Court · 1883
- Pennsylvania Co. v. ConlanIllinois Supreme Court · 1881
- City of Chicago v. StearnsIllinois Supreme Court · 1882
- Myers v. Indianapolis & St. Louis Railway Co.Illinois Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Chicago & Alton Railroad v. DillonAppellate Court of Illinois · 1887