O'Callaghan v. Dellwood Park Co.
Illinois Supreme Court
Appeal from, the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. A. O. Marshall, Judge, presiding. This is an action on the case to recover damages for injuries which the appellee sustained September 25, 1906, at Dellwood Park, Will county, Illinois, by being thrown from a “scenic railway” operated by the appellant.
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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. A. O. Marshall, Judge, presiding. This is an action on the case to recover damages for injuries which the appellee sustained September 25, 1906, at Dellwood Park, Will county, Illinois, by being thrown from a “scenic railway” operated by the appellant. On the trial before a jury in the circuit court of Will county a verdict was returned for $1600 against appellant. Appellee was required by the trial court to remit $400 and judgment was then entered for $1200.…
1Opinion of the CourtJustice Carter
Appellant contends that the trial court erred in giving two instructions at the request of appellee, holding, in effect, that it was the duty of the appellant, in operating the scenic railway, to exercise‘the highest degree of care and caution for the safety of its passengers and to do all that human foresight and vigilance could reasonably do, consistent with the mode of conveyance and the practical operation of the railway, to prevent accidents to passengers while riding on its cars. This is the rule laid down in this State as to common carriers. (Parmelee Co. v. Wheelock, 224 Ill. 194;…
2Cases cited9 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Libby, McNeill & Libby v. CookIllinois Supreme Court · 1906
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- Hartford Deposit Co. v. SollittIllinois Supreme Court · 1898
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