Legal Opinion

West Chicago St. R. R. v. Schwartz

Appellate Court of Illinois

Decided March 5, 1901PublishedCited by 3 opinions

Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanaugh, Judge, presiding.

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Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanaugh, Judge, presiding. Heard in this court at the March term, 1900. Statement by the Court.—Appellee, a boy aged seven years, was injured, having both his legs out off, by being run over by one of appellant’s electric cars, June 2, 1898, on Twelfth street, Chicago, and began suit by his next friend in the Superior Court of Cook County, to recover therefor, the trial before the court and a jury resulting in a verdict in his favor of $21,000, and a judgment thereon, from which this…

1Opinion of the CourtJustice Windes

Appellant’s counsel claim' a reversal of the judgment in this case on three grounds, which will be considered in their order.

First. It is said that no negligence is shown by the evidence which entitles the plaintiff to a recovery in any event. On this point it seems sufficient to say, and we think that will be sufficiently demonstrated later by what we shall say under the next point, that the evidence presents a question for the consideration of a jury, and that upon the plaintiff’s evidence alone, a verdict finding the defendant guilty of negligence, as charged, can not be said to be without…

2Cases cited9 opinions

  1. Baltimore City Passenger Railway Co. v. McDonnell ex rel. McDonnellCourt of Appeals of Maryland · 1876
  2. Fenton v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
  3. Chicago, Burlington & Quincy Railroad v. WarnerIllinois Supreme Court · 1884
  4. Rack v. Chicago City Railway Co.Illinois Supreme Court · 1898
  5. Strutzel v. St. Paul City Railway Co.Supreme Court of Minnesota · 1891

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Vizacchero v. Rhode Island CompanySupreme Court of Rhode Island · 1904
  2. Chicago City Railway Co. v. SchaeferAppellate Court of Illinois · 1905
  3. Wilson v. Chicago City Railway Co.Appellate Court of Illinois · 1907

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