Legal Opinion

Frank Parmelee Co. v. Wheelock

Illinois Supreme Court

Decided December 22, 1906PublishedCited by 11 opinions

Appeal from the Branch 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 is an action to recover for personal injuries received in 1902, appellant and the Chicago City Railway Company being made defendants.

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Appeal from the Branch 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 is an action to recover for personal injuries received in 1902, appellant and the Chicago City Railway Company being made defendants. Appellee was a passenger /> in an omnibus belonging to appellant, driven by one of its employees west along Harrison street, Chicago, about seven o’clock P. M., while it was still daylight. There are double street car .tracks in Harrison street at this point, and the omnibus,…

1Opinion of the CourtJustice Carter

At the close of the evidence the court refused to instruct the jury that appellant was not guilty. We do not think the court erred in so ruling. There was evidence' in the record fairly tending to support the plaintiff’s cause of action. Under such .circumstances it would be error for the court to direct a verdict for the defendant. Libby, McNeill & Libby v. Cook, 222 Ill. 206; Illinois Central Railroad Co. v. Bailey, id. 480; Chicago City Railway Co. v. Martensen, 198 id. 511.

At the close of the evidence counsel for appellee moved to dismiss the first count of the declaration and as to the…

2Cases cited12 opinions

  1. Libby, McNeill & Libby v. CookIllinois Supreme Court · 1906
  2. Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
  3. Frink v. PotterIllinois Supreme Court · 1856
  4. Chicago & Alton Railroad v. ByrumIllinois Supreme Court · 1894
  5. Anthony Ittner Brick Co. v. AshbyIllinois Supreme Court · 1902

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. O'Callaghan v. Dellwood Park Co.Illinois Supreme Court · 1909
  2. Brunnworth v. Kerens-Donnewald Coal Co.Illinois Supreme Court · 1913
  3. Curtis v. GedmanAppellate Court of Illinois · 1949
  4. Arndt v. Riverview Park Co.Appellate Court of Illinois · 1930
  5. Elgin, Aurora & Southern Traction Co. v. HenchAppellate Court of Illinois · 1907

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