Calumet Electric St. Ry. Co. v. Lynholm
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding.
1Opinion of the CourtJustice Waterman
We quite agree with the opening sentence of appellant’s argument, that “ There was no reason, from appellee’s own statement, why he should have been run into.”
Why did appellant, without reason, run into him ? His right to be upon the track was the equal of appellant’s.
Even had he willfully remained upon the track for the purpose of obstructing the way, appellant would have had no right to run into him in the manner it did.
The night was dark, but there should have been such headlight upon the car as would have enabled the motorman to see the Avagon in time to prevent a collision. The motorman…
2Cited by7 opinions
- Heiden v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1922
- Moyer v. Vaughan's Seed StoreAppellate Court of Illinois · 1926
- Mertz v. Detroit Electric RailwayMichigan Supreme Court · 1900
- Chambers v. Princeton Power Co.West Virginia Supreme Court · 1923
- Regan v. McCarthyAppellate Court of Illinois · 1905
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