West Chicago Street Railroad v. Martin
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Appellee, on the morning of the 4th of July, was being carried as a passenger by appellant. The car in which he rode while crossing the tracks of the Chicago & North Western Eailway Co., was struck by an engine belonging to that road, and appellee sustained serious injuries.
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Appellee, on the morning of the 4th of July, was being carried as a passenger by appellant. The car in which he rode while crossing the tracks of the Chicago & North Western Eailway Co., was struck by an engine belonging to that road, and appellee sustained serious injuries. He brought an action against each of the railway companies, joining them as defendants, and recovered against both a verdict and judgment for $12,000; from this judgment appellant, alone, has taken and prosecutes this appeal. Upon…
1Opinion of the CourtJustice Waterman
A common carrier is under obligation to use the highest diligence to prevent injuries to passengers, from collision with cars or engines of another road; and where passengers, themselves guilty of no negligence, are injured, in consequence of such collision, a prima facie presumption of negligence on the part of the carrier arises.
In the present case, not only was there under the undisputed evidence, such presumption, but from the testimony of the witness Southworth as to the conduct of the conductor of the car in which appellee was riding, the jury might have found that appellant was…
2Cases cited1 opinion
- Central Passenger Railway Co. v. KuhnCourt of Appeals of Kentucky · 1888
3Cited by2 opinions
- Chicago Union Traction Co. v. LeonardAppellate Court of Illinois · 1906
- Rouston v. Detroit United RailwayMichigan Supreme Court · 1908