Werk v. Illinois Steel Co.
Appellate Court of Illinois
Memoraadinn.—Action for personal injuries. Appeal from the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding.
1Opinion of the CourtJustice Waterman
We do not understand counsel for appellant to dissent from the position of appellee, that in order to recover for injuries occasioned by negligence it must be alleged and proved that the party injured was at the time he was injured observing due or ordinary care for his personal safety.
What they do insist on is that the question of whether the party injured was at the time observing ordinary care for his personal safety, must always be submitted to a jury, and that there can be no conduct so reckless and indifferent to obvious danger that a court may pronounce the same to be clearly a want of…
2Cases cited17 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
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