Legal Opinion

Pennsylvania Co. v. Frana

Illinois Supreme Court

Decided November 17, 1884PublishedCited by 38 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action brought by Albert Prana, against the Pennsylvania Company, to recover for a personal injury received by the plaintiff while attempting to cross the railroad track of the defendant with a wagon and team, attributing the accident to the alleged negligence of the defendant’s servants in the management of its train. A judgment in favor of the plaintiff in the trial court was affirmed in the Appellate Court, and…

1Opinion of the CourtJustice Craig

No question is made in regard to the admission or exclusion of evidence. The only question, therefore, to be considered is, whether the law governing the case was properly given to the jury by the instructions of the court.

The court gave two instructions on behalf of the plaintiff, and they are both claimed to he erroneous. The first in substance directed the jury that if they' believed, from the evidence, that the plaintiff, while exercising ordinary care to avoid the injury, was injured by the negligenee of the defendant, as charged in the declaration, they will find for the plaintiff. The…

2Cited by38 opinions

  1. Chicago & Northwestern Railway Co. v. HansenIllinois Supreme Court · 1897
  2. City of LaSalle v. KostkaIllinois Supreme Court · 1901
  3. New York, Chicago & St. Louis Railroad v. BlumenthalIllinois Supreme Court · 1895
  4. Lake Shore & Michigan Southern Railway Co. v. JohnsenIllinois Supreme Court · 1891
  5. Chicago & Alton Railroad v. PearsonIllinois Supreme Court · 1900

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