Illinois Iron & Metal Co. v. Weber
Appellate Court of Illinois
Action on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Charles A. Bishop, Judge, presiding. Heard in this court at the October term, 1899.
1Opinion of the Court
Mr. Presiding Justice Sears
delivered' the opinion of the court.
It is contended by counsel for appellant that the fact that the boy' was riding upon that part of the brick-wagon which projected some fourteen inches beyond the tail-board, of itself festablishes such contributory negligence as bars a recovery. We are of opinion that this contention can not be sustained. Whatever the rule may be in other jurisdictions, we are of opinion that in Illinois such action by the boy can not be held to constitute per se negligence.
In N. C. St. R. R. Co. v. Baur, 79 Ill. App. 121, affirmed in 179 Ill.…
2Cases cited2 opinions
- North Chicago Street Railroad v. BaurIllinois Supreme Court · 1899
- North Chicago Street Railroad v. BaurAppellate Court of Illinois · 1898
3Cited by2 opinions
- Johnson v. City of St. CharlesAppellate Court of Illinois · 1916
- Illinois Iron & Metal Co. v. WeberIllinois Supreme Court · 1902