Devine v. Chicago City Railway Co.

Appellate Court of Illinois

Devine v. Chicago City Railway Co.

185 Ill. App. 220

CourtAppellate Court of Illinois

DecidedMarch 5, 1914

DocketGen. No. 18,869

StatusPublished

This text of 185 Ill. App. 220 (Devine v. Chicago City Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Devine v. Chicago City Railway Co., 185 Ill. App. 220 (Ill. Ct. App. 1914).

Pincite

Opinion

Mr. Presiding Justice Fitch

delivered the opinion

of the court.

2. Street railroads, § 94*—right of pedestrian to rely on care of company. A pedestrian in attempting to cross street car tracks around the rear of a car which had stopped to receive passengers has a right to presume and to rely to some extent, at least, upon the presumption that a car coming from the opposite direction would not approach without warning. 3. Street railroads, § 95*—effect of failure to stop, loofo and listen. Mere failure of a person to stop, look and listen as he approaches a railroad crossing is not necessarily negligence on his part, as a matter of law, and whether such failure is negligence, in fact, depends upon the facts and circumstances surrounding the accident.

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Mr. Presiding Justice Fitch

delivered the opinion

of the court.

2. Street railroads, § 94*—right of pedestrian to rely on care of company. A pedestrian in attempting to cross street car tracks around the rear of a car which had stopped to receive passengers has a right to presume and to rely to some extent, at least, upon the presumption that a car coming from the opposite direction would not approach without warning. 3. Street railroads, § 95*—effect of failure to stop, loofo and listen. Mere failure of a person to stop, look and listen as he approaches a railroad crossing is not necessarily negligence on his part, as a matter of law, and whether such failure is negligence, in fact, depends upon the facts and circumstances surrounding the accident.

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Bluebook (online)

185 Ill. App. 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devine-v-chicago-city-railway-co-illappct-1914.