Fowler v. Chicago & Eastern Illinois Railroad
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the City Court of Chicago Heights; the Hon. Homer Abbott, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the City Court of Chicago Heights; the Hon. Homer Abbott, Judge, presiding. This is an appeal by the Chicago and Eastern Illinois Railroad Company from a judgment of the Appellate Court for the First District affirming a judgment for the sum of $4500 recovered by Henry Ades Fowler, administrator of the estate of Cordie L. Wall, deceased, the appellee, against appellant, in the city court of Chicago Heights, in an action on the case for damages for personal injuries alleged to have been caused- through…
1Opinion of the CourtJustice Scott
In arguing that the court should have directed a verdict appellant concedes that there is evidence in the record tending to show negligence charged by the declaration, but it is insisted that there is no evidence tending to show that the deceased was in the exercise of ordinary care for his personal safety at and immediately preceding the time of the accident. This contention is based upon the fact that it does not appear that the boy looked to the south before going upon the track upon which he was injured, and upon the fact that had he.so looked to the south when he was crossing the space,…
2Cases cited3 opinions
- Chicago City Railway Co. v. O'DonnellIllinois Supreme Court · 1904
- Lake Erie & Western Railroad v. KlinkrathIllinois Supreme Court · 1907
- Illinois Central Railroad v. JohnsonIllinois Supreme Court · 1906
3Cited by15 opinions
- Hurzon v. SchmitzAppellate Court of Illinois · 1931
- Trapp v. Rockford Electric Co.Appellate Court of Illinois · 1914
- Carlin v. Grand Trunk Western Railway Co.Illinois Supreme Court · 1909
- Devine v. Chicago City Railway Co.Appellate Court of Illinois · 1912
- Wolf v. New York, Chigago & St. Louis RailroadSupreme Court of Missouri · 1941
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