Chicago, Burlington & Quincy Railroad v. Flint
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Statement by McAllister, P. J. This is an appeal by the O., B. & Q. E,. P. Co. from a judgment recovered against it by appellee Flint in the sum of §10,000 damages, besides costs, for a personal injury to the latter occasioned March 18,1885,'and, as it was alleged, through the negligence of the former, resulting in the loss of appellee’s arm.
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Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Statement by McAllister, P. J. This is an appeal by the O., B. & Q. E,. P. Co. from a judgment recovered against it by appellee Flint in the sum of §10,000 damages, besides costs, for a personal injury to the latter occasioned March 18,1885,'and, as it was alleged, through the negligence of the former, resulting in the loss of appellee’s arm. The case shows that the defendant was and for many years previously had been operating two main tracks running out of the City of Chicago in a westerly direction,…
1Opinion of the CourtMcAllister, P. J.
We have examined the evidence in this case with much care, and find that upon all the essentials of a recovery it was closely conflicting, and left in such doubt that a verdict for the defendant would not have been subject to have been set aside as unsupported by the evidence. It is the well established rule of the Supreme Court in such a case, that unless each instruction to the jury given on behalf of the plaintiff, if the successful party, stated the law with accuracy and was free from all error calculated to mislead the jury, the judgment must be reversed and the cause sent back for a new…
2Cases cited15 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Chicago, Burlington & Quincy Railroad v. JohnsonIllinois Supreme Court · 1882
- Pennsylvania Co. v. SinclairIndiana Supreme Court · 1878
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Ruff v. JarrettIllinois Supreme Court · 1880
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