Sandberg v. Brink's Chicago City Express Co.
Appellate Court of Illinois
Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in this court at the October term, 1905. Statement by the Court. The Chicago Union Traction Company operates a double track cable street railway in West Madison street in the city of Chicago. These tracks lie upon each side of the center of the roadway.
Read the full summary
Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in this court at the October term, 1905. Statement by the Court. The Chicago Union Traction Company operates a double track cable street railway in West Madison street in the city of Chicago. These tracks lie upon each side of the center of the roadway. The north track is used by the west-bound cars, the south track is used by the east-bound cars. Wagons and other vehicles follow the same custom. Hear the intersection of Madison street and Fortieth avenue the…
1Opinion of the CourtJustice Ball
In Frazer v. Howe, 106 Ill. 563, the Supreme Court say, at page 573: “Motions to exclude evidence and motions to instruct the jury to find for the defendant in such cases, are in the nature of demurrers to the evidence, and hence they admit not only all that the testimony proves, but all that it tends to prove. * * * It is not within the province of the judge, on such a motion, to weigh the evidence and ascertain where the preponderance is. This function is limited strictly to determining whether there is, or is not, evidence legally tending to prove the fact affirmed, i. e., evidence from,…
2Cases cited5 opinions
- Frazer v. HoweIllinois Supreme Court · 1883
- Beidler v. BranshawIllinois Supreme Court · 1902
- Chicago City Railway Co. v. MartensenIllinois Supreme Court · 1902
- Smith v. BaileyAppellate Division of the Supreme Court of the State of New York · 1897
- Quirk v. HoltMassachusetts Supreme Judicial Court · 1868
3Cited by1 opinion
- Sandberg v. Brinks Chicago City Express Co.Appellate Court of Illinois · 1909