Legal Opinion

West Chicago Street Railroad v. Buckley

Illinois Supreme Court

Decided December 16, 1902PublishedCited by 13 opinions

Appeal iron the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentaho, Judge, presiding. This is an action to recover damages for a personal injury, begun on July 13, 1896, in the Superior Court of Cook county by the appellee against the appellant company. There have been two trials of the case. Upon the first trial the jury failed to agree.

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Appeal iron the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentaho, Judge, presiding. This is an action to recover damages for a personal injury, begun on July 13, 1896, in the Superior Court of Cook county by the appellee against the appellant company. There have been two trials of the case. Upon the first trial the jury failed to agree. Upon the second trial in September, 1900, the jury returned a verdict, finding the appellant guilty and assessing the appellee’s damages at the sum of §3000.00.…

1Opinion of the CourtChief Justice Magruder

First—The first point, made by the appellant in favor of a reversal of the judgment in this case, is that the two instructions asked by, and given for, the appellee by the trial court were erroneous.

The first instruction, given for appellee, begins as follows: “If the jury believe from the evidence that the plaintiff has made out her case as laid iu the declaration by a preponderance of the evidence, then, they should find the defendant guilty,” etc. The second instruction, given for the appellee, begins as follows: “If the jury believe from the evidence that the plaintiff was in the exercise…

2Cases cited6 opinions

  1. Funk v. BabbittIllinois Supreme Court · 1895
  2. Chicago West Division Railway Co. v. RyanIllinois Supreme Court · 1890
  3. Calumet & Chicago Canal & Dock Co. v. MorawetzIllinois Supreme Court · 1902
  4. North Chicago Street Railroad v. HutchinsonIllinois Supreme Court · 1901
  5. Chicago & Alton Railroad v. MorganIllinois Supreme Court · 1873

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Signa v. AlluriAppellate Court of Illinois · 1953
  2. Sandy v. Lake Street Elevated RailroadIllinois Supreme Court · 1908
  3. Gourley v. Chicago & Eastern Illinois Railway Co.Appellate Court of Illinois · 1938
  4. Coulter v. Illinois Central RailroadIllinois Supreme Court · 1914
  5. Secco v. Chicago Transit AuthorityAppellate Court of Illinois · 1955

8 more not listed; retrieve them via the Exa API.

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