Campe v. Chicago City Railway Co.
Appellate Court of Illinois
Action in case for death caused hy alleged wrongful act. Appeal from the Circuit Court of Cook county; the Hon. Lockwood Honoré, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1908. Statement by the Court. This appeal is taken to reverse a judgment entered on a verdict returned for the plaintiff in an action to recover damages resulting from the alleged negligence of the defendant causing the death of Michael J. 0 ’Donnell.
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Action in case for death caused hy alleged wrongful act. Appeal from the Circuit Court of Cook county; the Hon. Lockwood Honoré, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1908. Statement by the Court. This appeal is taken to reverse a judgment entered on a verdict returned for the plaintiff in an action to recover damages resulting from the alleged negligence of the defendant causing the death of Michael J. 0 ’Donnell. The deceased was injured in a collision between a carriage he was driving south on State street, Chicago, in defendant’s northbound track and a…
1Opinion of the CourtJustice Smith
The question which thrusts itself to the fore, upon a review of the evidence in this record, is, did the deceased 0 ’Donnell exercise due care in driving his team just prior to and at the time of the collision? The burden of proof was on the plaintiff to establish by a preponderance of the evidence the necessary averment of the declaration that he was exercising due care and caution for his own safety. Does the evidence sustain this averment? Upon a careful consideration of the evidence we are of the opinion it does not.
There is no real controversy in the evidence as to the course which…
2Cases cited7 opinions
- Memphis Street Railway Co. v. RoeTennessee Supreme Court · 1907
- North Chicago Electric Railway Co. v. PeuserIllinois Supreme Court · 1901
- Terrell v. Trimble CountyCourt of Appeals of Kentucky · 1908
- Chicago Union Traction Co. v. JacobsonIllinois Supreme Court · 1905
- Chicago West Division Railway Co. v. BertIllinois Supreme Court · 1873
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