Legal Opinion

West Chicago Street Railroad v. Feldstein

Illinois Supreme Court

Decided November 8, 1897PublishedCited by 9 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding. On October 22,1894, Dora Feldstein, the appellee here, was injured -by the collision of two street cars at the crossing of State and Adams streets, in the city of Chicago.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding. On October 22,1894, Dora Feldstein, the appellee here, was injured -by the collision of two street cars at the crossing of State and Adams streets, in the city of Chicago. It appears that while she was crossing the street she stopped on the north side of the street car tracks to allow a car belonging to the West Chicago Street Railroad Company to pass, and that while she was standing there a car of the Chicago City Railway…

1Opinion of the CourtJustice Wilkin

It is first contended that the trial court erred in refusing to give a peremptory instruction to find for the defendant, counsel supposing that the instruction preserves the questions of law for the decision of this court as to whether there is any evidence in the record tending to support the plaintiff’s cause of action. We find the instruction was not asked at the close of plaintiff’s evidence nor at the close of all the evidence, but after the case had been argued and submitted to the jury the instruction was presented as one of a series asked by the defendant. As we said in Peirce v.…

2Cases cited3 opinions

  1. Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
  2. Peirce v. WaltersIllinois Supreme Court · 1897
  3. Toledo, Peoria & Warsaw Railway Co. v. PindarIllinois Supreme Court · 1870

3Cited by9 opinions

  1. Chicago & Alton Railroad v. HarringtonIllinois Supreme Court · 1901
  2. Armour v. GolkowskaIllinois Supreme Court · 1903
  3. Chicago Hair & Bristle Co. v. MuellerIllinois Supreme Court · 1908
  4. Haverstick v. Southern Pacific Co.California Court of Appeal · 1934
  5. Holstlaw v. Southern Ry. Co.District Court, E.D. Missouri · 1949

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