Johnson v. N. K. Fairbank Co.
Appellate Court of Illinois
Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. George W. Patton, Judge, presiding.
1Opinion of the Court
Mr. Presiding Justice Chytraus
delivered the opinion
of the court.
The plaintiff, who was about four and-one-half years of age when injured, was not chargeable with negligence; there is, therefore, no question of contributory negligence in this case. Assuming Mrs. Grant’s testimony to be true, the driver of the defendant’s truck was clearly negligent in failing to avoid injuring plaintiff. If the driver failed to observe plaintiff, in time to avoid injuring him, the driver was negligent in so failing. If he observed the plaintiff, which is not believable, he wilfully and wantonly injured him.…
2Cases cited8 opinions
- Dunn v. PeopleIllinois Supreme Court · 1898
- Crockett v. MorrisonSupreme Court of Missouri · 1847
- Moore v. PeopleIllinois Supreme Court · 1884
- Fein v. Covenant Mutual Benefit Ass'nAppellate Court of Illinois · 1895
- Ritter v. PeopleIllinois Supreme Court · 1889
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3Cited by5 opinions
- Knight v. Chicago & North Western Railway Co.Appellate Court of Illinois · 1955
- Continental Fire & Casualty Ins. Corp. v. DrummondCourt of Appeals of Texas · 1949
- Nordhaus v. MarekAppellate Court of Illinois · 1943
- Latronica Ex Rel. De Vries v. Royal Indemnity Co.Appellate Court of Illinois · 1956
- Nelson v. Northwestern Elevated RailroadAppellate Court of Illinois · 1912