Cicero & Proviso Street Railroad v. Snider
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the March term, 1897. Beversed and remanded. Opinion filed July 26, 1897.
1Opinion of the CourtJustice Sears
This was a suit for personal injuries, which resulted in a verdict and judgment for $25,000.
The assignment of error which seems to us most serious, is for the giving of the second instruction for appellee. The part complained of is worded as follows: “ Incases of this character there can be no recovery by the plaintiff unless two things appear from a fair preponderance of the evidence.
First. That the injury was occasioned through the negligence or want of ordinary care and caution on the part of the defendant, as set out in the plaintiff’s declaration.
Second. That the plaintiff was not guilty…
2Cases cited1 opinion
- Mitchell & Sexton v. KavanaghSupreme Court of Iowa · 1874
3Cited by4 opinions
- Pawlisch v. AtkinsIndiana Court of Appeals · 1932
- Elwood v. Chicago City Ry. Co.Appellate Court of Illinois · 1900
- Kennedy v. Alton, Granite & St. Louis Traction Co.Appellate Court of Illinois · 1913
- Cummins v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Court of Illinois · 1909