Legal Opinion

Chicago & Joliet Electric Railway Co. v. Wanic

Illinois Supreme Court

Decided October 23, 1907PublishedCited by 9 opinions

Appeal 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 is an action of trespass on the case brought by appellee, against appellant, in the circuit court of Will county. On the trial in that court a judgment for $1500 was recovered, which, on appeal to the Appellate Court, was sustained. The cause has been brought here on appeal for review.

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Appeal 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 is an action of trespass on the case brought by appellee, against appellant, in the circuit court of Will county. On the trial in that court a judgment for $1500 was recovered, which, on appeal to the Appellate Court, was sustained. The cause has been brought here on appeal for review. The declaration contained three counts, and charged general negligence by appellant’s servants in improperly handling and controlling…

1Opinion of the CourtJustice Carter

The sole contention of appellant on this appeal is, that the plaintiff, at the time of the accident, was not exercising due care and caution,—or, in other words, that he was guilty of contributory negligence. It is most strenuously insisted that the evidence does not justify the verdict.

The surrounding facts and circumstances as shown by the record we think are set forth with substantial accuracy in the opinion of the Appellate Court, as follows:

“Appellant has an electric car line from Joliet to Chicago, which between Lemont and Romeo, in Will county, runs on the east side of the public…

2Cases cited9 opinions

  1. Chicago & Northwestern Railway Co. v. HansenIllinois Supreme Court · 1897
  2. Chicago City Railway Co. v. FennimoreIllinois Supreme Court · 1902
  3. Chicago & Alton Railroad v. PearsonIllinois Supreme Court · 1900
  4. Chicago, Burlington & Quincy Railroad v. PerkinsIllinois Supreme Court · 1888
  5. Chicago City Railway Co. v. NelsonIllinois Supreme Court · 1905

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

3Cited by9 opinions

  1. Heidenreich v. BremnerIllinois Supreme Court · 1913
  2. Pienta v. Chicago City Railway Co.Illinois Supreme Court · 1918
  3. Farnsworth v. Tampa Electric Co.Supreme Court of Florida · 1911
  4. Stewart v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1908
  5. Ralston Purina Co. v. BansauCourt of Appeals for the Seventh Circuit · 1934

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

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