Stratton v. Central City Horse Railway Co.
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county. This was an action on the case, brought by appellant against appellee, to recover damages for an injury to the person.
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Appeal from the Circuit Court of Peoria county. This was an action on the case, brought by appellant against appellee, to recover damages for an injury to the person. The declaration alleged that the defendant negligently and unlawfully so constructed its track upon Adams street, in the city of Peoria, that its rail and superstructure were so raised above the surface of said road as to obstruct and render dangerous the passage of vehicles and public travel across and upon the same; and negligently and unlawfully permitted its tracks so to remain and be run and operated above the surface of…
1Opinion of the CourtJustice Dickey
The evidence introduced upon the trial of this case in the court below was extremely conflicting,—so much so that it became important the jury should be accurately instructed. Numerous objections are made to instructions given by the court below, but it will be unnecessary to notice all of them, and we shall consider only the fifth, eleventh, twelfth and twenty-seventh instructions given on behalf of appellee.
The fifth instruction given at the request of appellee was faulty in telling the jury not only that “in this case it is necessary for the plaintiff to prove (or it should appear from the…
2Cited by28 opinions
- Chicago, Burlington & Quincy Railroad v. JohnsonIllinois Supreme Court · 1882
- Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
- Baddeley v. SheaCalifornia Supreme Court · 1896
- Greene v. Seattle Athletic ClubWashington Supreme Court · 1910
- City of Rockford v. RussellAppellate Court of Illinois · 1881
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