West Chicago Street R. R. v. Stoltenberg
Appellate Court of Illinois
Trespass on the Case.—Death from negligent act. Appeal from the Circuit Court of Cook County; the Hon. Richabd W. Cliffobd, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This is an action by Henry FT. Stoltenberg, as administrator, to recover damages for the death of John Phillips, his intestate, which is alleged to have been caused by the negligence of the West Chicago Street Railroad Company.
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Trespass on the Case.—Death from negligent act. Appeal from the Circuit Court of Cook County; the Hon. Richabd W. Cliffobd, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This is an action by Henry FT. Stoltenberg, as administrator, to recover damages for the death of John Phillips, his intestate, which is alleged to have been caused by the negligence of the West Chicago Street Railroad Company. The declaration alleges that on February 5, 1892, while the plaintiff’s intestate was traveling on West Ohio street, at its intersection with Milwaukee avenue,…
1Opinion of the CourtJustice Waterman
deliveeed the opinion of this Court.
Under the circumstances of the accident, the gripman being unable to tell that no one was waiting to come immediately from behind the wagon upon the crossing, it was a question for the jury Avhether appellant was not negligent in permitting its car to move toivard the cross-walk at a rate of speed that prevented its being stopped ere it ran upon the deceased.
The right of the deceased to pass over the crossing was equal to that of appellant. Appellant might have so controlled the movement of its car that it Avould not run overa person Avho might step from…
2Cited by5 opinions
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- United States Brewing Co. v. StoltenhergAppellate Court of Illinois · 1904
- Chicago City Railway Co. v. RoachAppellate Court of Illinois · 1898
- Anderson v. Chicago City Railway Co.Appellate Court of Illinois · 1912
- Devine v. Chicago City Railway Co.Appellate Court of Illinois · 1910