Legal Opinion

Gascoigne v. Metropolitan West Side Elevated Railway Co.

Illinois Supreme Court

Decided February 19, 1909PublishedCited by 5 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Ci-iEtlain, Judge, presiding. Appellee brought an action on the case against appellant in the superior court of Cook county in March, 1905, for personal injuries alleged to have been received November 8, 1904, while passing through an exit turnstile at the Fifth avenue terminal station of appellant’s railway in Chicago.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Ci-iEtlain, Judge, presiding. Appellee brought an action on the case against appellant in the superior court of Cook county in March, 1905, for personal injuries alleged to have been received November 8, 1904, while passing through an exit turnstile at the Fifth avenue terminal station of appellant’s railway in Chicago. The allegations in the declaration as to negligence and the manner in which plaintiff was injured are substantially as follows:…

1Opinion of the CourtJustice Carter

Appellee came to this station on the morning of the accident on the cars of appellant, leaving them at said Fifth ayenue terminal station. She attempted to pass through one of said two turnstiles, and her left foot was caught in it and she was thrown against the arms of the turnstiles. No one noticed her until after she was injured, and' as to the way her foot was caught her testimony is the only evidence. She testified that she pushed against the arm in front of her and set the turnstile in motion; that it “got away” from her and the- arms behind her struck against her, and that her left…

2Cases cited3 opinions

  1. Indianapolis & St. Louis Railroad v. EstesIllinois Supreme Court · 1880
  2. Probst Construction Co. v. FoleyIllinois Supreme Court · 1897
  3. Illinois Central Railroad v. KeeganIllinois Supreme Court · 1904

3Cited by5 opinions

  1. Heffter v. Northern States Power Co.Supreme Court of Minnesota · 1927
  2. Cornmesser v. LakenAppellate Court of Illinois · 1963
  3. Crouse v. Barber Asphalt Paving Co.Appellate Court of Illinois · 1911
  4. Heffter v. Northern States Power Co.Supreme Court of Minnesota · 1927
  5. Rowe v. LeonhardDistrict Court, W.D. Pennsylvania · 1956

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