Wolf v. Chicago Union Traction Co.
Appellate Court of Illinois
Action on the case for personal injuries. Error to the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Statement by the Court. Plaintiff prosecutes this writ of error seeking to reverse a judgment upon a verdict in favor óf the defendant in an action to recover for personal injuries.
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Action on the case for personal injuries. Error to the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Statement by the Court. Plaintiff prosecutes this writ of error seeking to reverse a judgment upon a verdict in favor óf the defendant in an action to recover for personal injuries. Plaintiff was a passenger on one of defendant’s cable trains, which when crossing Hoble street, Ohicago, was struck by a chemical engine of the Ohicago Fire Department and he received the injuries complained of in consequence of the collision. Complaint is made of the giving of two…
1Opinion of the CourtJustice Freeman
It is insisted by the attorneys for plaintiff in error that the mere fact of the collision causing an injury to plaintiff while he was riding as a passenger on defendant’s car, and himself in the exercise of ordinary care, raises a presumption of negligence; and that hence the instructions above set forth were erroneous and should not have been given. Such presumption would no doubt arise where the injury to a passenger is caused by agencies wholly under the control of the carrier. Under such conditions a prima facie case of negligence may be made by showing the happening of the accident and…
2Cases cited5 opinions
- Central Passenger Railway Co. v. KuhnCourt of Appeals of Kentucky · 1888
- Chicago City Railway Co. v. RoodIllinois Supreme Court · 1896
- Osgood v. Los Angeles Traction Co.California Supreme Court · 1902
- West Chicago Street Railroad v. MartinIllinois Supreme Court · 1894
- North Chicago Street Railroad v. O'DonnellAppellate Court of Illinois · 1904
3Cited by3 opinions
- Sullivan v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1924
- Yellow Cab Co. v. HodgsonSupreme Court of Colorado · 1932
- Lazer v. Chicago City Railway Co.Appellate Court of Illinois · 1910