Chicago Union Traction Co. v. Lowenrosen
Appellate Court of Illinois
Action on the case for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. Appellee recovered a judgment for $5,000 against appellants in an action on the case for personal injuries. The accident happened on West Madison street, an east and west highway, near a cross street known as Hamlin avenue, in the city of Chicago.
Read the full summary
Action on the case for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. Appellee recovered a judgment for $5,000 against appellants in an action on the case for personal injuries. The accident happened on West Madison street, an east and west highway, near a cross street known as Hamlin avenue, in the city of Chicago. The West Chicago Street ¡Railway Company at the time of the accident owned a double track street railway lying in Madison street, which was then and…
1Opinion of the Court
Hr. Justice Ball
delivered the opinion of the court.
The contentions of appellants are: First, the court erred' 'in refusing the peremptory instruction requested by the defendants; second, the court erred in giving plaintiff’s first and second instructions; and third, the damages are excessive.
The peremptory instruction is based upon the pleadings and the evidence. The declaration charged that the plaintiff was a passenger on said car, or was in the act of stepping on said car for the purpose of becoming a passenger. It is contended that the evidence showed he did not intend to become a…
2Cases cited4 opinions
- Wilson v. PeopleIllinois Supreme Court · 1880
- Gore v. PeopleIllinois Supreme Court · 1896
- Chicago & Alton Railway Co. v. BellIllinois Supreme Court · 1904
- Chicago & Eastern Illinois Railroad v. RungIllinois Supreme Court · 1882
3Cited by2 opinions
- People v. SchabatkaAppellate Court of Illinois · 1974
- Lecklieder v. Chicago City Railway Co.Appellate Court of Illinois · 1908