Legal Opinion

View v. Metropolitan West Side Elevated Railway Co.

Appellate Court of Illinois

Decided November 15, 1911No. Gen. No. 15,973PublishedCited by 3 opinions

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, 1909. Statement by the Court. This appeal is prosecuted by The 'Metropolitan "West Side Elevated Railway Company to reverse a judgment rendered against it in the Circuit Court of Cook county, in favor of appellee for $2,500 for personal injuries.

Read the full summary

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, 1909. Statement by the Court. This appeal is prosecuted by The 'Metropolitan "West Side Elevated Railway Company to reverse a judgment rendered against it in the Circuit Court of Cook county, in favor of appellee for $2,500 for personal injuries. About noon on the 8th day of August, 1904, appellee, as a passenger from one of appellant’s elevated trains, was passing oiit of appellant’s Canal street station,…

1Opinion of the CourtJustice DuNcaN

Only two grounds are urged by appellant in its brief ánd argument for the reversal of this judgment, (1) that appellee was guilty of contributory negligence, and (2) that the defendant was not guilty of the negligence charged.

First. No one saw appellee fall into the basement. He gave the only testimony explaining’ how he came to be injured, in substance as follows:

“On the day of the accident I boarded the Metropolitan train at Laflin street station. I paid my fare and rode to Canal street. I got off the train, came down the stairs and walked through the room, the little room in the hallway,…

2Cases cited4 opinions

  1. McRickard v. . FlintNew York Court of Appeals · 1889
  2. Chicago City Railway Co. v. FennimoreIllinois Supreme Court · 1902
  3. Hayward v. MerrillIllinois Supreme Court · 1880
  4. Van Ness v. MurphyAppellate Terms of the Supreme Court of New York · 1907

3Cited by3 opinions

  1. State Ex Rel. Elliott's Department Store Co. v. HaidSupreme Court of Missouri · 1932
  2. Bohn Bros. v. TurnerCourt of Appeals of Texas · 1944
  3. Dowling v. MacLean Drug Co.Appellate Court of Illinois · 1928

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API