Chicago City Railway Co. v. Nelson
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This is an action on the case by appellee, against appellant, to recover for personal injuries sustained by him on December 16, 1901, by the alleged negligence of appellant in the operation of an electric car going south on Halsted street, near Thirty-eighth place, in the city of Chicago.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This is an action on the case by appellee, against appellant, to recover for personal injuries sustained by him on December 16, 1901, by the alleged negligence of appellant in the operation of an electric car going south on Halsted street, near Thirty-eighth place, in the city of Chicago. The evidence is very conflicting as to the exact manner in which the accident occurred, but on. behalf of appellee it tends to show that on…
1Opinion of the CourtJustice Wilkin
The first ground of reversal is stated by counsel for the appellant substantially as follows: At the time of the injury appellee.and Haggerty were not fellow-servants, but Haggerty was the servant of appellee; that both were guilty of contributory negligence, hence appellee is barred from recovery; that even though appellee was not. himself guilty of contributory negligence, Haggerty, as his servant, was negligent in throwing the end of the timber against the side of the car after the front of it had passed, and such contributory negligence on the part of Haggerty is a bar to appellee’s right…
2Cases cited4 opinions
- Beidler v. BranshawIllinois Supreme Court · 1902
- North Chicago Street Railroad v. PolkeyIllinois Supreme Court · 1903
- Donley v. DoughertyIllinois Supreme Court · 1898
- Pittsburg, Cincinnati, Chicago & St. Louis Ry. Co. v. SmithIllinois Supreme Court · 1904
3Cited by28 opinions
- Heidenreich v. BremnerIllinois Supreme Court · 1913
- Holsman v. Darling State Street Corp.Appellate Court of Illinois · 1955
- Pierson v. Lyon & HealyIllinois Supreme Court · 1909
- Kennedy v. Swift & Co.Illinois Supreme Court · 1908
- Slovinski v. BeasleyAppellate Court of Illinois · 1942
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