Chicago City Railway Co. v. O'Donnell
Illinois Supreme Court
Appeal from the Appellate Court for the First District;-—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This is an appeal from a judgment of the Appellate Court affirming a judgment for $2500 entered upon a verdict rendered by a jury in the superior court of Cook county against appellant, in an action on the case prosecuted- to recover damages on account of the death of John White.
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Appeal from the Appellate Court for the First District;-—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This is an appeal from a judgment of the Appellate Court affirming a judgment for $2500 entered upon a verdict rendered by a jury in the superior court of Cook county against appellant, in an action on the case prosecuted- to recover damages on account of the death of John White. The declaration consisted of one count, and alleged that the defendant, through its certain servant then and there in charge of one of its street cars…
1Opinion of the CourtJustice Ricks
First—It is urged that the court should have directed a verdict for appellant because White, plaintiff’s intestate, was guilty of contributory negligence as a matter of law. It is contended that there is no evidence that the deceased used ordinary care for his own safety, and that the evidence, taken in the most favorable light to appellee, does not tend- to show that the deceased did use ordinary care, but, on the contrary, shows that the deceased’s injury resulted from his own negligence. Appellant concedes that it is generally a question of fact whether or not a given line of conduct…
2Cases cited7 opinions
- Beidler v. BranshawIllinois Supreme Court · 1902
- North Chicago Street Railroad v. PolkeyIllinois Supreme Court · 1903
- North Chicago Street Railroad v. CossarIllinois Supreme Court · 1903
- Chicago City Railway Co. v. SanduskyIllinois Supreme Court · 1902
- Mallen v. WaldowskiIllinois Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Flynn v. Chicago City Railway Co.Illinois Supreme Court · 1911
- Edwards v. Hill-Thomas Lime & Cement Co.Illinois Supreme Court · 1941
- Stack v. East St. Louis & Suburban Railway Co.Illinois Supreme Court · 1910
- Todd v. BorowskiAppellate Court of Illinois · 1960
- Fowler v. Chicago & Eastern Illinois RailroadIllinois Supreme Court · 1908
21 more not listed; retrieve them via the Exa API.