Legal Opinion · Dissent

Stine v. Union Electric Co.

Appellate Court of Illinois

Decided March 11, 1940Published

1DissentJustice Culbertson

The majority opinion in this case does violence to the doctrine of proximate cause. When it is stated that the “only reasonable conclusion” is that the driver of the car could not see the child and that the child did not and could not see the car which was coming down the street, until the child emerged from behind the truck, we are going far afield in my opinion.

There is no evidence in the case, in my opinion, which tended to show that the act of the defendant in parking its truck near the intersection referred to in the majority opinion, was the proximate cause, or even a joint efficient…

2Cases cited6 opinions

  1. Ohio Building Safety Vault Co. v. Industrial BoardIllinois Supreme Court · 1917
  2. Globe Accident Insurance v. GerischIllinois Supreme Court · 1896
  3. Savoy Hotel Co. v. Industrial BoardIllinois Supreme Court · 1917
  4. O'Connor v. Aluminum Ore Co.Appellate Court of Illinois · 1922
  5. Anderson v. Chicago, Rock Island & Pacific Railway Co.Appellate Court of Illinois · 1926

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