Gibbons v. Vanderhoogt
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. William G. Ewing, Judge, presiding. Statement oe the Case. Appellants were engaged in the business of general teaming. On July 9,1894, they were, by their servant, Wallace, driving a team of horses attached to a heavy oil-tank wagon westward on Van Burén street.
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Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. William G. Ewing, Judge, presiding. Statement oe the Case. Appellants were engaged in the business of general teaming. On July 9,1894, they were, by their servant, Wallace, driving a team of horses attached to a heavy oil-tank wagon westward on Van Burén street. Just ahead of this oil-tank wagon, and proceeding in the same direction, was a wagon of Beid, Murdoch & Co. The horse drawing this wagon was blind. As they neared Clark street, appellee, a boy of about fourteen, climbed upon the Beid,…
1Opinion of the CourtJustice Sears
It is contended by counsel for appellants, under appropriate assignments of error:
1st. That the trial court erred in refusing to give the fifth instruction tendered by appellants.
2d. That the evidence showed contributory negligence on the part of appellee,- which barred a recovery.
3d. That the evidence failed to show any negligence on the part of appellants.
The fifth instruction was properly refused. It was substantially included in the second instruction given for appellants. This was sufficient, and there was no obligation upon the court to repeat it, however accurate its substance may have…
2Cited by1 opinion
- Illinois Iron & Metal Co. v. WeberIllinois Supreme Court · 1902