Chicago City Railway Co. v. Smith
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior - Court of Cook county; the Hon. Axel ChyTraus, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior - Court of Cook county; the Hon. Axel ChyTraus, Judge, presiding. This is an action on the. case broughj; by Isaiah C. Smith against the Chicago and Grand Trunk Railway Company (hereinafter called the railway company) and the Chicago City Railway Company (hereinafter called the street railway company) to recover damages for personal injuries received on July 17, 1893, which resulted from a collision between a passenger train on the railway company’s tracks and a street car on which Smith…
1Opinion of the CourtJustice Vickers
It is contended that the court erred in giving instructions numbered 3 and 4. These instructions are as follows:
3. “The court instructs the jury that, so far as consistent with .the practical operation of its road, it is the duty of a railroad company to exercise the highest degree of care and caution for the safety and security of passengers while being transported.
4. “Common carriers of persons are required to do all that human care, vigilance and foresight can reasonably do, consistent with .the character and mode of conveyance adopted and the practical prosecution of the business, to…
2Cases cited9 opinions
- Ottawa, Oswego & Fox River Valley R. R. v. McMathIllinois Supreme Court · 1878
- Illinois Central Railroad v. O'KeefeIllinois Supreme Court · 1895
- Chicago & Eastern Illinois Railroad v. SchmitzIllinois Supreme Court · 1904
- Chicago & Joliet Electric Railway Co. v. SpenceIllinois Supreme Court · 1904
- Chicago City Railway Co. v. PuralIllinois Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Yarber v. Chicago & Alton Railway Co.Illinois Supreme Court · 1908
- Sears v. RutishauserIllinois Supreme Court · 1984
- Stevens v. Illinois Central RailroadIllinois Supreme Court · 1922
- Trower v. JonesIllinois Supreme Court · 1988
- Griggas v. ClausonAppellate Court of Illinois · 1955
32 more not listed; retrieve them via the Exa API.