Winn v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Edgar county; the Hon. E. R. E. Kimbrough, Judge, presiding.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Edgar county; the Hon. E. R. E. Kimbrough, Judge, presiding. This is an appeal by the Cleveland, Cincinnati, Chicago and St. Louis Railway Company and the Cairo, Vincennes and Chicago Railway Company from a judgment of the Appellate Court for the Third District affirming a judgment recovered by Marion E. Winn, as administrator of the estate of James H. Shively, deceased, the appellee, in the circuit court of Edgar county, against appellants, in a suit for damages resulting to the…
1Opinion of the CourtJustice Farmer
The principal contention of appellants, and the one to which the greater portion of their brief and argument is devoted, is that the court erred in refusing to direct a verdiet on the ground that the evidence did not tend to show that deceased was in the exercise of due care for his safety at the time of the accident, and also that it affirmatively appears from the evidence that deceased was guilty of contributory negligence.
The evidence tends to show that on account of structures west of Front street and near the railroad track the view of the track by one approaching the crossing from the…
2Cases cited9 opinions
- Chicago & Northwestern Railway Co. v. DunleavyIllinois Supreme Court · 1889
- McNulta v. LockridgeIllinois Supreme Court · 1891
- Chicago, St. Louis & Pittsburg Railroad v. HutchinsonIllinois Supreme Court · 1887
- Chicago & Alton Railroad v. PearsonIllinois Supreme Court · 1900
- Illinois Central Railroad v. AshlineIllinois Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Heidenreich v. BremnerIllinois Supreme Court · 1913
- Graham v. HagmannIllinois Supreme Court · 1915
- Holcomb v. MageeAppellate Court of Illinois · 1920
- Stansfield v. WoodAppellate Court of Illinois · 1924
- Gibbons v. Aurora, Elgin & Chicago RailroadIllinois Supreme Court · 1914
20 more not listed; retrieve them via the Exa API.