Chicago & Eastern Illinois Railroad v. Crose
Illinois Supreme Court
Appear from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Iroquois county; the Hon. R. W. HirschER, Judge, presiding. This is an action on the case, brought by appellee in the circuit court of Iroquois county, to recover damages for the killing of his team of horses, and injury to a team of mules, wagon and harness, by being struck by a train of appellant.
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Appear from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Iroquois county; the Hon. R. W. HirschER, Judge, presiding. This is an action on the case, brought by appellee in the circuit court of Iroquois county, to recover damages for the killing of his team of horses, and injury to a team of mules, wagon and harness, by being struck by a train of appellant. Trial was had before a jury at the November term, 1901, resulting in a verdict for $325 in favor of appellee. A new trial being granted, the second verdict was for $350, which has been…
1Opinion of the Court
Per Curiam :
At the close of appellee’s evidence, and again at the close of all the evidence, the defendant requested the court to instruct the jury to find it not guilty. The court refused both requests, and that refusal is assigned as error.
The principal contention on this branch of the case is that appellee was guilty of such contributory negligence as should bar a recovery. In cases of this kind the question as to whether or not a person was guilty of contributory negligence is generally one of fact for the jury, and only becomes a question of law when the evidence so clearly fails to…
2Cases cited9 opinions
- Illinois Central Railroad v. AshlineIllinois Supreme Court · 1898
- Illinois Central Railroad v. WadeIllinois Supreme Court · 1903
- Hoehn v. Chicago, Peoria & St. Louis Railway Co.Illinois Supreme Court · 1894
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MonaghanIllinois Supreme Court · 1892
- Chicago, Burlington & Quincy Railroad v. HaggertyIllinois Supreme Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Thomas v. BuchananIllinois Supreme Court · 1934
- Santiemmo v. Days Transfer, Inc.Appellate Court of Illinois · 1956
- Maryland Electric Railway Co. v. BeasleyCourt of Appeals of Maryland · 1912
- The People v. CroweIllinois Supreme Court · 1945
- Babbitt v. SayOhio Supreme Court · 1929
28 more not listed; retrieve them via the Exa API.