Legal Opinion

Wallen v. North Chicago St. R. R.

Appellate Court of Illinois

Decided March 30, 1899PublishedCited by 2 opinions

Trespass on the Case, for personal injuries. Trial in the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Verdict for defendant by direction of the court; appeal by plaintiff. Heard in this court at the October term, 1898.

1Opinion of the CourtJustice Adams

Appellee’s counsel contend that, as matter of law, on the facts in evidence, appellant was guilty of negligence, or want of ordinary care, which caused the accident, and therefore she can not recover. We are of opinion that whether the plaintiff failed to exercise ordinary care, and if so, whether such failure caused the accident, and also whether appellee exercised ordinary care, in view of the circumstances in evidence, were questions which should have been submitted to the jury. The east bound 'car on which appellant was a passenger had stopped for the purpose of permitting .appellant to…

2Cases cited6 opinions

  1. Offutt v. World's Columbian ExpositionIllinois Supreme Court · 1898
  2. Frazer v. HoweIllinois Supreme Court · 1883
  3. Chicago City Railway Co. v. RobinsonIllinois Supreme Court · 1888
  4. Kelly v. HendrieMichigan Supreme Court · 1872
  5. Roberts v. Chicago & Grand Trunk Ry. Co.Appellate Court of Illinois · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Indiana Union Traction Co. v. LoveIndiana Supreme Court · 1912
  2. Canfield v. North Chicago St. R. R.Appellate Court of Illinois · 1901

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