Chicago, Burlington & Quincy Railroad v. Warner
Illinois Supreme Court
Appeal from the Appellate Court for the First District heard in that court on appeal from the Circuit Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. This case was before us at our January term, A. D. 1884, and we then reversed the judgments of the lower courts, and remanded the cause for a new trial. The report of the case, as then published, gives a sufficiently full statement of the cause of action and the questions in controversy.
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Appeal from the Appellate Court for the First District heard in that court on appeal from the Circuit Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. This case was before us at our January term, A. D. 1884, and we then reversed the judgments of the lower courts, and remanded the cause for a new trial. The report of the case, as then published, gives a sufficiently full statement of the cause of action and the questions in controversy. (Chicago, Burlington and Quincy Railroad Co. v. Warner, 108 Ill. 538.) After the remanding order was filed in the circuit court, the case was again…
1Opinion of the Court
Per Curiam: The questions discussed in argument have received careful consideration, and we are unable to find satisfactory reasons' for disagreeing with the opinion of the Appellate Court in its exposition of the law of the case, and to what is therein said we deem it necessary to add but a few brief remarks.
First—The objections to appellee’s second instruction which are most earnestly pressed, are: First, that there is no ground of comparison between the negligence of the plaintiff and that of the defendant; second, that the effect of the instruction is to tell the jury that the want of…
2Cases cited2 opinions
- Chicago, Burlington & Quincy Railroad v. JohnsonIllinois Supreme Court · 1882
- Calumet Iron & Steel Co. v. MartinIllinois Supreme Court · 1885
3Cited by3 opinions
- City of Sandwich v. DolanAppellate Court of Illinois · 1889
- Joliet, Aurora & Northern Railway Co. v. VelieAppellate Court of Illinois · 1890
- Southern Ry. Co. v. HopkinsCourt of Appeals for the Fifth Circuit · 1908