Galena & Chicago Union Railroad v. Jacobs
Illinois Supreme Court
This was an action on the case for the use of Frederick Jacobs, for injuries sustained by being run over by a locomotive owned by the appellant. The damages were laid at $15,000. There was a trial, and a verdict and judgment for $2,000, from which the defendant below appealed.
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This was an action on the case for the use of Frederick Jacobs, for injuries sustained by being run over by a locomotive owned by the appellant. The damages were laid at $15,000. There was a trial, and a verdict and judgment for $2,000, from which the defendant below appealed. The first count in the declaration avers that the plaintiff in the court below, was being in and passing along a certain public and common way, which was crossed by the railroad track of the appellant, upon which a locomotive and tender was running; and that by the carelessness of the servants of the' appellant, the…
1Opinion of the CourtBreese, J.
Without recapitulating the facts of this case as they appear on the record, we will consider the instructions upon them as given and refused by the court below.
It is a case of negligence against a railroad company, the plaintiff being, at the time of the injury, but four and a half years of age.
The first instruction asked by the plaintiff below, was clearly objectionable, as it makes no reference to the evidence ; as modified by the court it does, but in other respects is not essentially different, but still remains objectionable.
We hold in all cases, an instruction, unless it be upon an…
2Cases cited2 opinions
- Hurst v. SelvidgeTennessee Supreme Court · 1847
- Wood v. Inhabitants of WatervilleMassachusetts Supreme Judicial Court · 1808
3Cited by48 opinions
- Alvis v. RibarIllinois Supreme Court · 1981
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Harrison v. Montgomery County Board of EducationCourt of Appeals of Maryland · 1983
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Calumet Iron & Steel Co. v. MartinIllinois Supreme Court · 1885
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