Legal Opinion

Chicago General Railway Co. v. Kriz

Appellate Court of Illinois

Decided March 25, 1901PublishedCited by 2 opinions

Trespass on the Case, for personal injuries. Error to the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the October term, 1900. Statement.—This suit was brought by defendant in error for the use of B. J. Kriz, to recover damages alleged to have resulted from negligence of plaintiff in error.

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Trespass on the Case, for personal injuries. Error to the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the October term, 1900. Statement.—This suit was brought by defendant in error for the use of B. J. Kriz, to recover damages alleged to have resulted from negligence of plaintiff in error. Defendant in error was driving a milk wagon upon Twenty-fifth street in the city of Chicago, and was upon one of the tracks of the plaintiff in error. While attempting to turn his horse out of the tracks, and while the wagon was still partially upon…

1Opinion of the CourtJustice Sears

The first contention presented by counsel for plaintiff in error is, that because of the fact that the suit is brought for the use of another, the judgment must be reversed. In this behalf it is argued that the decision in West Chicago St. Ry. Co. v. Lundahl, 183 Ill. 281, does not control, because there the suit was for personal injuries to the plaintiff only, and the right of action could not be assigned. Because in this case the suit is partly for damages to personal property, it is urged that to that extent the right of action was assignable, and hence, this being a recovery partly upon…

2Cases cited6 opinions

  1. Chicago City Railway Co. v. JenningsIllinois Supreme Court · 1895
  2. Illinois Central Railroad v. AshlineIllinois Supreme Court · 1898
  3. Chicago, Burlington & Quincy Railroad v. GundersonIllinois Supreme Court · 1898
  4. Overtoom v. Chicago & Eastern Illinois RailroadIllinois Supreme Court · 1899
  5. City of Chicago v. SheehanIllinois Supreme Court · 1885

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3Cited by2 opinions

  1. McCray v. Moweaqua Coal Mining & Manufacturing Co.Appellate Court of Illinois · 1909
  2. Illinois Central Railroad v. AlandAppellate Court of Illinois · 1901

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