Legal Opinion

North Chicago Street Railroad v. Wrixon

Appellate Court of Illinois

Decided January 11, 1894PublishedCited by 7 opinions

Memorandum.—Action for negligence. In the Circuit Court of Cbok County; the Hon. Richard S. Tuthill, Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1893. Statement of the Case. On the 17th day of August, 1890, William Wrixon, a boy about ten years of age, was a passenger on one of appellant’s cars. The car was proceeding southward on Evanston avenue.

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Memorandum.—Action for negligence. In the Circuit Court of Cbok County; the Hon. Richard S. Tuthill, Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1893. Statement of the Case. On the 17th day of August, 1890, William Wrixon, a boy about ten years of age, was a passenger on one of appellant’s cars. The car was proceeding southward on Evanston avenue. Just after it arrived at the Addison avenue crossing, the deceased said to the conductor, “ I want to get off at the…

1Opinion of the CourtJustice Waterman

Two acts of negligence are charged in the declaration, viz.: that defendant’s driver failed to stop its car, as requested, at the intersection of Addison street and Evanston avenue; and that the deceased, while with due care and diligence endeavoring to alight from the car, was thrown to the ground and injured by reason of the negligence of appellant in failing to properly equip its cars with safety guards and appliances.

As to the alleged negligence in failing to stop its car when requested, the court is unitedly of the opinion no recovery can be had in this case. For whatever damage a…

2Cases cited6 opinions

  1. Scheffer v. Railroad Co.Supreme Court of the United States · 1882
  2. Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
  3. Toledo, Peoria & Warsaw Railway Co. v. ConroyIllinois Supreme Court · 1873
  4. Kistner v. City of IndianapolisIndiana Supreme Court · 1885
  5. Chicago, Milwaukee & St Paul Railway Co. v. WilsonAppellate Court of Illinois · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Chicago Union Traction Co. v. City of ChicagoIllinois Supreme Court · 1902
  2. Grubczak v. Chicago Railways Co.Appellate Court of Illinois · 1926
  3. Leiter v. KinnareAppellate Court of Illinois · 1897
  4. Canfield v. North Chicago St. R. R.Appellate Court of Illinois · 1901
  5. Chicago, R. I. & P. Ry. Co. v. BurkeAppellate Court of Illinois · 1902

2 more not listed; retrieve them via the Exa API.

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