Gibbons v. Aurora Elgin & Chicago Railroad

This is an appeal from a judgment of the Superior Court of Cook county for $3,000, rendered on the verdict of a jury in a suit brought against the defendant under the “Campbell Act” of Illinois, for causing the death of the plaintiff’s intestate by negligence.

The defendant, who is appellant in this court, contends that the judgment should be reversed,

First: Because the plaintiff was shown so clearly by the evidence to have been guilty of contributory negligence that it was the duty of the court to have instructed the jury peremptorily for the defendant, or at the least have granted a new…