Pronskevitch v. Chicago & Alton Railway Co.
Illinois Supreme Court
Appear from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Frank L. Hooper, Judge, presiding.
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Appear from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Frank L. Hooper, Judge, presiding. This was an action on the case begun in the circuit court of Will county by appellee, against appellant, to recover damages for personal injuries occasioned by the collision of a freight train on appellant’s railroad with a surrey driven by. appellee' on a public highway near the village of Gardner, in Grundy, county. The railroad, running north-east and south-west through the village, has a double track, the east one being…
1Opinion of the CourtJustice Dunn
Appellant’s counsel have devoted a large part of their argument to a discussion of the preponderance of the evidence. Questions of fact involving a consideration of the weight of the evidence are concluded by the judgment of the Appellate Court. As to the ringing of the bell and sounding of the whistle, the rate of speed of the train, the position and number of box-cars on either side of the highway, the space between these cars, the obstruction of the view of the railroad, the condition of the highway on both sides, the opportunity of appellee to turn his team around, and the conduct of…
2Cases cited3 opinions
- Elgin, Joliet & Eastern Railway Co. v. LawlorIllinois Supreme Court · 1907
- Peoria, Decatur & Evansville Railway Co. v. RiceIllinois Supreme Court · 1893
- South Chicago City Railway Co. v. McDonaldIllinois Supreme Court · 1902
3Cited by6 opinions
- People Ex Rel. Noren v. DempseyIllinois Supreme Court · 1957
- Graham v. HagmannIllinois Supreme Court · 1915
- Dixie Greyhound Lines, Inc. v. MatthewsMississippi Supreme Court · 1936
- Swenson v. City of AuroraAppellate Court of Illinois · 1915
- Killough v. Chicago, Burlington & Quincy RailroadAppellate Court of Illinois · 1910
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