Legal Opinion

Christy v. Elliott

Illinois Supreme Court

Decided June 23, 1905PublishedCited by 69 opinions

Appeal from the Circuit Court of Mercer county; the Hon. Frank D. Ramsay, Judge, presiding. This is an action of trespass on the case, brought in the circuit court of Mercer county on June 30, 1904, by the appellee against the appellant to recover damages, resulting to plaintiff from an injury inflicted upon him by being thrown from a wagon, drawn by mules upon a public highway, by reason of said mules becoming frightened, and turning over said wagon, because of the alleged…

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Appeal from the Circuit Court of Mercer county; the Hon. Frank D. Ramsay, Judge, presiding. This is an action of trespass on the case, brought in the circuit court of Mercer county on June 30, 1904, by the appellee against the appellant to recover damages, resulting to plaintiff from an injury inflicted upon him by being thrown from a wagon, drawn by mules upon a public highway, by reason of said mules becoming frightened, and turning over said wagon, because of the alleged negligence of appellant in running an automobile, in which he was riding, in violation of the statute of Illinois in…

1Opinion of the CourtJustice Magruder

Pirst—It is strenuously insisted by the appellee that this court has no jurisdiction to entertain this cause, and that the appeal from the judgment of the circuit court should have been taken to the Appellate Court. The ground, upon which the cause is brought by the appellant to this court, is that the constitutionality of the act, regulating the speed of automobiles, etc., set forth in the statement preceding this opinion, is involved in the cause. The appellee contends that, inasmuch as the constitutionality of the act was not challenged or questioned by the appellant upon the trial below,…

2Cases cited16 opinions

  1. Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
  2. Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
  3. Barbier v. ConnollySupreme Court of the United States · 1885
  4. Ritchie v. PeopleIllinois Supreme Court · 1895
  5. Allen v. Pioneer-Press Co.Supreme Court of Minnesota · 1889

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3Cited by69 opinions

  1. City of Chicago v. MoralesSupreme Court of the United States · 1999
  2. Southern Cotton Oil Co. v. AndersonSupreme Court of Florida · 1920
  3. Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
  4. Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
  5. McNeal v. McKainSupreme Court of Oklahoma · 1912

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