Reports of Cases Decided in the Appellate Courts of the State of Illinois (Volume 27)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1889 Excerpt: ... Vol. 27.l Chicago City Ry. Co. v. Robinson. Chicago City Railway Company v. Mary A. Robinson, Adm'x. Personal Injuries--Street Railway--Death of Child--Action for Damages--Questions for Jury--Negligence--When not Imputed to Parent. 1. In an action against a street railway company to recover damages for causing the death of a child, it is held: That the court properly overruled a motion to instruct the jury to find for the defendant; and that the questions whether the deceased was in the exercise of reasonable care and whether the defendant was guilty of negligence, were for the jury. 2 It is ordinarily a question for the jury whether, under the circumstances of the particular case, a failure to stop until the view is clear and look for an approaching train is such negligence as should defeat a recovery. 8. Where the child injured is in the exercise of ordinary care the question whether the parent was negligent does not arise. 4. Where the evidence is sharply conflicting this court will not interfere with the verdict of the jury. Opinion filed May 31, 1888. Appeal from the Superior Court of Cook County; the Hon. John J. Glenn, Judge, presiding. Messrs. Hynes & Dcnne, for ap ellant. Messrs. Frank J. Smith & Helmer and Melville W. Fuller, for appellee. Per Curiam. The action in this ease was brought to recover damages for killing the cl ill of appellee through the alleged negligence of the servants of appellant. Appellant was operating a double track street car line on State Street in Chicago, and the trains, each of which consisted of a grip and one or two passenger cars, were driven by a cable running beneath the surface of the road at a speed of seven miles an hour. There was a gate across the platform of each car on the side toward the track on which the...