West Chicago Street Railroad v. Walsh
Appellate Court of Illinois
Trespass on the Case.—For injuries by a domestic animal. Trial in the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.
1Opinion of the CourtJustice Adams
When appellee alighted from the car, the car having stopped at a safe place at which to alight, the relation of appellant to her as a common carrier, and its duty to her incident to such relation, ceased. ' Creamer v. West End Ry., 156 Mass. 320; Hutchinson on Carriers, Sec. 613.
When appellee alighted she was on the public highway; appellant had no control over her and owed her no duty as a carrier, and, as the owner of the horse which kicked her, owed her no duty beyond that which any stranger, being the owner of the horse, would have owed to another stranger on the public highway. The…
2Cases cited5 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Stumps v. KelleyIllinois Supreme Court · 1859
- Vrooman v. LawyerNew York Supreme Court · 1816
- Moss v. PardridgeAppellate Court of Illinois · 1881
- Wormley v. GreggIllinois Supreme Court · 1872
3Cited by7 opinions
- Doe v. BarnettIndiana Court of Appeals · 1969
- Indianapolis Abattoir Co. v. BaileyIndiana Supreme Court · 1913
- Fritsche v. ClemowAppellate Court of Illinois · 1903
- Feldman v. Chicago Railways Co.Appellate Court of Illinois · 1918
- Feldman v. SelligAppellate Court of Illinois · 1903
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