Wabash Railway Co. v. Brown
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the County Conrt of Morgan county; the Hon. Owen P. Thompson, Judge, presiding. The appellees, in April, 1892, having purchased in Chicago a number of high-bred cattle for breeding purposes, shipped the same from Chicago to their farm, near New Berlin, on the line of the appellant’s railroad. The train was made up in Chicago about dark in the evening of the day they were so shipped.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the County Conrt of Morgan county; the Hon. Owen P. Thompson, Judge, presiding. The appellees, in April, 1892, having purchased in Chicago a number of high-bred cattle for breeding purposes, shipped the same from Chicago to their farm, near New Berlin, on the line of the appellant’s railroad. The train was made up in Chicago about dark in the evening of the day they were so shipped. The car was an ordinary stock car in which the cattle were shipped,—the only car that had live stock in it in the…
1Opinion of the CourtJustice Phillips
The first point made by plaintiff is, that there was no evidence before the jury from which they were authorized to find the injury complained of was occasioned by the gross negligence of the company. This being an action to recover on the alleged ground of negligence of plaintiff, if the question is one of fact this court is bound by the adjudication of the county and Appellate Courts.
Negligence is ordinarily a question of fact. Where the evidence on material facts is conflicting, or where, on undisputed facts, fair-minded men of ordinary intelligence may differ as to the inferences to be…
2Cases cited1 opinion
- Chicago & Northwestern Railway Co. v. ChapmanIllinois Supreme Court · 1890
3Cited by39 opinions
- Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1898
- Schneiderman v. Interstate Transit Lines, Inc.Appellate Court of Illinois · 1947
- Cicero & Proviso Street Railway Co. v. MeixnerIllinois Supreme Court · 1896
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. CallaghanIllinois Supreme Court · 1895
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
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