Legal Opinion

Chicago City Railway Co. v. O'Donnell

Appellate Court of Illinois

Decided June 3, 1904No. Gen. No. 11,160PublishedCited by 1 opinion

Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1903.

1Opinion of the CourtJustice Baker

At the trial the plaintiff asked witness Rooney to describe the operation of a basket fender, how it is put on and how it is operated. The defendant objected to the question, the objection was overruled and exception taken. The witness then stated that the fender was attached to the front of the car, and so arranged that in case of emergency the gripman could press his foot on a plunger and thereby drop the fender upon the rail. Upon his cross-examination he stated that the basket fender operated by a plunger, was first used several months after the accident. There was no motion to strike out…

2Cases cited5 opinions

  1. Ottawa, Oswego & Fox River Valley R. R. v. McMathIllinois Supreme Court · 1878
  2. Illinois Iron & Metal Co. v. WeberIllinois Supreme Court · 1902
  3. Vennum v. People ex rel. GallowayIllinois Supreme Court · 1900
  4. Niedner v. FriedrichAppellate Court of Illinois · 1897
  5. Jupiter Coal Mining Co. v. MercerAppellate Court of Illinois · 1899

3Cited by1 opinion

  1. Goodhart v. Chicago City Railway Co.Appellate Court of Illinois · 1912

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