Chicago Union Traction Co. v. Giese
Illinois Supreme Court
Appeal, from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. This is an action by Albert Giese for a personal injury, against the Chicago Union Traction Company, in which a judgment against the street car company for $2000 has been affirmed by the Appellate Court for the First District.
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Appeal, from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. This is an action by Albert Giese for a personal injury, against the Chicago Union Traction Company, in which a judgment against the street car company for $2000 has been affirmed by the Appellate Court for the First District. The declaration consists of three counts, the first and second of which charge that the defendant, by its servants, carelessly, improperly and negligently drove and managed a train, consisting…
1Opinion of the CourtJustice Vickers
Appellant insists that the court erred in refusing to direct a verdict because the evidence does not show that the derailment of the car was the result of its negligence. We do not find it necessary to decide whether the general statements of appellee and his son that the car in question was “coming fast” can be regarded as such evidence of a negligent rate of speed as to warrant the court in submitting that question to the jury. The first requisite in establishing negligence is to show the existence of some duty and its violation. Negligence consists in the violation of a duty owing by the…
2Cases cited4 opinions
- West Chicago Street Railroad v. CarrIllinois Supreme Court · 1897
- Chicago & Eastern Illinois Railroad v. DonworthIllinois Supreme Court · 1903
- Chicago & Eastern Illinois Railroad v. ReillyIllinois Supreme Court · 1904
- Stevens v. PeopleIllinois Supreme Court · 1905
3Cited by46 opinions
- Bollenbach v. BloomenthalIllinois Supreme Court · 1930
- McClure v. Hoopeston Gas & Electric Co.Illinois Supreme Court · 1922
- De Glopper v. Nashville Railway & Light Co.Tennessee Supreme Court · 1910
- Feldman v. Chicago Railways Co.Illinois Supreme Court · 1919
- Barnes v. Danville Street Railway & Right Co.Illinois Supreme Court · 1908
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