Chicago & Eastern Illinois Railroad v. Schmitz
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 appeal from a judgment of the Appellate Court, affirming a judgment of the superior court of Cook county against appellants.
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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 appeal from a judgment of the Appellate Court, affirming a judgment of the superior court of Cook county against appellants. The action, which was in case to recover damages for personal injuries sustained by appellee on September 26, 1900, was originally brought against the two appellant companies, the Chicago and Eastern Illinois Railroad Company and the Chicago and Western Indiana Railroad Company, and also…
1Opinion of the CourtJustice Magruder
First—Appellants contend that the peremptory instructions to find them not guilty should have been given, upon the alleged ground that the only conclusion to be drawn from the evidence is, that appellee was guilty of contributory negligence.
It will be noted that the contention of the appellants is, not that the evidence tends to show that appellee was guilty of contributory negligence, but that, as matter of fact, the appellee was guilty of contributory negligence. The objection, so made by counsel, seems to impose upon this court the task of passing upon the weight of the evidence. Such is…
2Cases cited11 opinions
- McNulta v. LockridgeIllinois Supreme Court · 1891
- Chicago City Railway Co. v. CarrollIllinois Supreme Court · 1903
- Pennsylvania Co. v. EllettIllinois Supreme Court · 1890
- Illinois Central Railroad v. O'KeefeIllinois Supreme Court · 1895
- Chicago & Alton Railroad v. PearsonIllinois Supreme Court · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Heidenreich v. BremnerIllinois Supreme Court · 1913
- Trower v. JonesIllinois Supreme Court · 1988
- Humbert v. LowdenIllinois Supreme Court · 1944
- Chicago City Railway Co. v. SmithIllinois Supreme Court · 1907
- American National Bank &Trust Co v. Pennsylvania RailroadAppellate Court of Illinois · 1964
42 more not listed; retrieve them via the Exa API.