Reports Of Cases Determined In The Appellate Courts Of Illinois (volume 122)

Paperback | February 3, 2012

byIllinois. Appellate Court

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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. 1906. Excerpt: ... Campbell v. Eichorst. pose of traveling continuously thereon in conflict with the superior right of the street railway company, but was necessarily compelled, in avoidance of an obstruction in the street in his line of travel, temporarily to go upon such track. Appellee was rightfully on the track for that purpose. The obstruction and the necessity of appellee's going upon the track to avoid it was obvious to appellant's motorman when he gave the warning for the Edwards street crossing, a sufficient distance north of the point of collision, to have had his car under control. That the track was frosty and slippery does not in this case excuse the failure to control the car. The motorman knowing the existing conditions in that regard must be held to have anticipated that the brake on the car would not operate eifectively on a steep down grade such as that upon which he was then running, and in then operating the car should have exercised the degree of care necessary under the surrounding circumstances and conditions. The instruction was not applicable to the facts in the case at bar and was properly refused. The tenth instruction offered by appellant was properly refused because it gives undue prominence to certain facts, ignoring others. The eleventh instruction requested by appellant is bad because it assumes that appellee did not look to see whether a car was approaching. Appellee testified that when he came onto Eighth street he looked north and saw no car approaching. The record is free from substantial error and the judgment will be affirmed. Affirmed. David L. Campbell v. Charles Eichorst. 1. Cross-examination--what proper upon. Questions should bo permitted which pertain to the subject-matter of the direct and relate to evidence material to the issu...

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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. 1906. Excerpt: ... Campbell v. Eichorst. pose of traveling continuously thereon in conflict with the superior right of the street railway company...

Format:PaperbackDimensions:222 pages, 9.69 × 7.44 × 0.47 inPublished:February 3, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217277128

ISBN - 13:9780217277129

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