Legal Opinion

Chicago North Shore Street Railway Co. v. Strathmann

Illinois Supreme Court

Decided December 22, 1904PublishedCited by 2 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. TulEy, Judge, presiding. This is an action on the case brought by Henry Strathmann, appellee, against the Chicago North Shore Street Railway Company and the North Chicago Electric Railway Company, the appellants, to recover damages for personal injuries.

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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. Murray F. TulEy, Judge, presiding. This is an action on the case brought by Henry Strathmann, appellee, against the Chicago North Shore Street Railway Company and the North Chicago Electric Railway Company, the appellants, to recover damages for personal injuries. The accident occurred on Evanston avenue, a' public highway leading from the city of Chicago to the city of Evanston, ' and within a short distance of Lawrence avenue, about nine o’clock on the…

1Opinion of the CourtJustice Wilkin

The grounds relied upon by appellants for reversal are three, all arising upon instructions. The first objection is to the eighth of those given at request of plaintiff, as follows:

“If the jury believe, from a preponderance of the evidence in this case, that the plaintiff, while in the exercise of ordinary care, was injured by or in consequence of the negligence of the defendants as charged in the declaration, then you may find the defendants guilty.”

The contention is, that it limits the duty of appellee in the exercise of due care to the time of the accident, although the main question at…

2Cases cited1 opinion

  1. Chicago City Ry. Co. v. OsborneAppellate Court of Illinois · 1903

3Cited by2 opinions

  1. Butters v. Chicago, Burlington & Quincy Railway Co.Appellate Court of Illinois · 1910
  2. Randall v. Sterling, Dixon & Eastern Electric Railway Co.Appellate Court of Illinois · 1910

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