Chicago City Railway Co. v. Soszynski
Appellate Court of Illinois
Action in case for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1906. Statement by the Court.
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Action in case for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1906. Statement by the Court. This appeal is prosecuted from a judgment of the Circuit Court against appellant and in favor of Frank Soszynski for $5,000. On February 13, 1902, Soszynski was driving three horses attached to a coal wagon across State street between 13th and 14th streets in the city of Chicago, and the wagon was struck by a State street cable train. The wagon and its contents weighed ten tons,…
1Opinion of the CourtJustice Smith
Defendant (appellant) requested the court to give the following instruction:
“You are further instructed as a matter of law that if you believe from the evidence that when the plaintiff started to drive across the tracks of the defendant on the occasion in question he saw the south-bound train in question approaching from the north and knew that said train was coming at such a rate of speed' that he could not cross said tracks without being struck by said train unless said train should be stopped or slackened in speed and that so knowing he deliberately took the chances of crossing said track…
2Cases cited15 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Illinois Central Railroad v. SmithIllinois Supreme Court · 1904
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- City of Chicago v. McGivenIllinois Supreme Court · 1875
- Chicago & Alton Railroad v. Springfield & Northwestern RailroadIllinois Supreme Court · 1873
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cochran v. GritmanIdaho Supreme Court · 1921
- State v. AcklusWashington Supreme Court · 1923
- Paisley v. American Zinc Co.Appellate Court of Illinois · 1924
- Campe v. Chicago City Railway Co.Appellate Court of Illinois · 1910
- Flyzik v. Travelers InsuranceWashington Supreme Court · 1944