Legal Opinion
Flanagan v. Chicago City Railway Co.
Appellate Court of Illinois
Decided December 4, 1908No. Gen. No. 14,190Published
Action in case for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1907.
1Opinion of the CourtJustice Baker
The defendant put in evidence an ordinance making it unlawful for the driver of a wagon to use the streets after 8 p. m., “without having displayed” one or more lights or lanterns. Plaintiff testified that he had a light on his wagon, and the motorman that he saw no light on the wagon.
The court refused to give for the defendant the following instruction:
“B. The court further instructs the jury as a matter of law, that under the ordinance of the City of Chicago which is in evidence in this case, it was negligence as matter of law for the plaintiff to drive upon 47th street at the time and…
2Cases cited2 opinions
- Larson v. GlosIllinois Supreme Court · 1908
- Chicago City Railway Co. v. BennettIllinois Supreme Court · 1905