Galloway v. Chicago, Rock Island & Pacific Railway Co.
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. A. H. Frost, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Frost, Judge, presiding. This is an appeal by the Chicago, Rock Island and Pacific Railway Company from a judgment of the Appellate Court for the First District affirming a judgment of the superior court of Cook county recovered by Clarence W. Galloway, appellee, against appellant, in an action on the case brought in his name by Marie L. Galloway, the mother and next friend of appellee, for personal injuries. The declaration consists of four counts, by…
1Opinion of the CourtJustice Scott
To warrant the action of the superior court in denying the motion for a directed verdict as the case was presented in that court it was necessary that there should be evidence in the record tending to prove, first, that the turn-table was defectively constructed and that such defective construction was the proximate cause of appellee’s injury; second, that the- appellant had knowledge of,-or in the exercise of ordinary care would have had knowledge of, the defect; third, that appellee did not know of the defect and did not have equal opportunities with the appellant of knowing of it, or if he…
2Cases cited1 opinion
- Montgomery Coal Co. v. BarringerIllinois Supreme Court · 1905
3Cited by5 opinions
- Beeker v. Marshall Field & Co.Appellate Court of Illinois · 1912
- Dougherty v. Illinois Steel Co.Appellate Court of Illinois · 1911
- Kuiwiski v. Bauer & BlackAppellate Court of Illinois · 1910
- Lynch v. Montgomery Ward & Co.Appellate Court of Illinois · 1909
- Weise v. Conrad Seipp Brewing Co.Appellate Court of Illinois · 1913