Lake Shore & Michigan Southern Railway Co. v. Ouska
Illinois Supreme Court
Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. On the 2d day of July, 1890, while Joseph Ouska was crossing the tracks of the Lake Shore & Michigan Southern Railway Company, on State street, near Sixty-third street, he was struck and killed by a passenger train coming from the East.
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Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. On the 2d day of July, 1890, while Joseph Ouska was crossing the tracks of the Lake Shore & Michigan Southern Railway Company, on State street, near Sixty-third street, he was struck and killed by a passenger train coming from the East. This action was brought by his administratrix to recover for the death. The declaration contains two counts. The first count alleges that appellant, by its servants, so> carelessly and…
1Opinion of the CourtJustice Craig
It is first contended, that there was a total failure of evidence to show the observance of due care on the part of the deceased, and the trial court erred in submitting the case to the jury on the instructions. In an action to recover for a personal injury, it is a well settled principle that no recovery can be had unless the person injured used ordinary care to avoid the injury. But whether the person injured exercised ordinary care to avoid the injury, is a question of fact to be determined from the evidence. The same question arose in L. S. & M. S. Ry. Co. v. Johnson, 135 Ill. 641, and it…
2Cases cited2 opinions
- Chicago & Eastern Illinois Railroad v. O'ConnorIllinois Supreme Court · 1886
- Lake Shore & Michigan Southern Railway Co. v. JohnsenIllinois Supreme Court · 1891
3Cited by19 opinions
- Bennette v. HaderSupreme Court of Missouri · 1935
- St. Louis National Stock Yards v. GodfreyAppellate Court of Illinois · 1902
- St. Louis National Stock Yards v. GodfreyIllinois Supreme Court · 1902
- Norton v. CookAppellate Court of Illinois · 1957
- Hornung v. Decatur Railway & Light Co.Illinois Supreme Court · 1909
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