Legal Opinion

Campe v. Chicago City Railway Co.

Appellate Court of Illinois

Decided May 3, 1910No. Gen. No. 14,972Published

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

  1. Memphis Street Railway Co. v. RoeTennessee Supreme Court · 1907
  2. North Chicago Electric Railway Co. v. PeuserIllinois Supreme Court · 1901
  3. Terrell v. Trimble CountyCourt of Appeals of Kentucky · 1908
  4. Chicago Union Traction Co. v. JacobsonIllinois Supreme Court · 1905
  5. Chicago West Division Railway Co. v. BertIllinois Supreme Court · 1873

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