Rend v. Chicago West Division Railway Co.
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This suit was brought by the Chicago West Division Railway Company against William P. Rend and Edwin Walker, to recover damages caused by a collision between a loaded wagon belonging to the defendants and one of the horse cars of the plaintiff.
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Appeal from the Circuit Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This suit was brought by the Chicago West Division Railway Company against William P. Rend and Edwin Walker, to recover damages caused by a collision between a loaded wagon belonging to the defendants and one of the horse cars of the plaintiff. The case was before, this court at the March .term, 1880, on appeal from a judgment in favor of the defendants, on demurrer to the declaration, which judgment was reversed for the reasons stated in the opinion then filed. C W. D. R. W. Co. v. Rend et al. 6…
1Opinion of the CourtBailey, J.
The court, by modifying the defendant’s second and third instructions, required the jury to find from the evidence whether the injury to Cornell resulted from the negligence of the plaintiff or from that of the defendants; telling them that in the former case their verdict should be for the defendants, and in the latter for the plaintiff. The language in which these questions were submitted was such as to clearly imply that said injury must have been the result of the negligence of one party or the other solely, and that it could not have resulted from the joint operation of the negligence of…
2Cited by2 opinions
- Bailey v. Market Street Cable Railway Co.California Supreme Court · 1895
- Chicago City Railway Co. v. RoachAppellate Court of Illinois · 1898