Chicago West Division Railway Co. v. Mills
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. On the 4th of May, 1876, appellee sued appellant, in the Cook circuit court, in an action on the case, for negligence. The general issue, and also special pleas of accord and satisfaction, and a special plea of release, were pleaded. The similiter was added to the general issue.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. On the 4th of May, 1876, appellee sued appellant, in the Cook circuit court, in an action on the case, for negligence. The general issue, and also special pleas of accord and satisfaction, and a special plea of release, were pleaded. The similiter was added to the general issue. To the plea of accord and satisfaction it was replied, that plaintiff, at the time she received said payment, etc., was unconscious, and wholly incapable…
1Opinion of the CourtJustice Scholfield
The several alleged errors in the rulings below will he passed upon in the order of their discussion in the argument on behalf of appellant.
First—The point is made that it is alleged in the declaration that it became the duty of the defendant, upon the plaintiff’s request, to slacken speed, so as to enable her, in the exercise of due care, to alight from the car without injury; that it neglected to do so, but on the contrary, on the request of the plaintiff, the defendant caused its car to he stopped, and the plaintiff, with the defendant’s consent and permission, attempted to alight from the…
2Cases cited2 opinions
- Pennsylvania Co. v. ConlanIllinois Supreme Court · 1881
- Guerdon v. CorbettIllinois Supreme Court · 1877
3Cited by25 opinions
- Gliwa v. Washington Polish Loan & Building Ass'nAppellate Court of Illinois · 1941
- Thilman & Co. v. EspositoAppellate Court of Illinois · 1980
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Montgomery v. Colorado Springs & Interurban Railway Co.Supreme Court of Colorado · 1911
- Chicago & Northwestern Railway Co. v. SnyderIllinois Supreme Court · 1889
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