Sylvester v. Bloomington & Normal Railway & Light Co.

Appellate Court of Illinois

Sylvester v. Bloomington & Normal Railway & Light Co.

190 Ill. App. 495

DecidedOctober 16, 1914

StatusPublished

This text of 190 Ill. App. 495 (Sylvester v. Bloomington & Normal Railway & Light 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

Sylvester v. Bloomington & Normal Railway & Light Co., 190 Ill. App. 495 (Ill. Ct. App. 1914).

Pincite

Opinion

Mr. Justice Scholfield

delivered the opinion of the court.

3. Street railroads, § 86*—care required in avoiding collision with animals and vehicle. Where, in an action to recover for the killing of a horse and the destruction of a wagon struck by defendant’s street car, it appeared that a team of horses were driven on the street railway tracks to avoid a rock pile, and that the car was coming from the rear at the rate of between thirty and thirty-five miles per hour, and that the headlight was but a 16-candle power reflector, in a rusted condition, by which an object could not be seen at a distance greater than twenty-five or thirty feet in front of the car, and that no bell was rung or whistle sounded, held the court erred in directing a verdict of not guilty.

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Mr. Justice Scholfield

delivered the opinion of the court.

3. Street railroads, § 86*—care required in avoiding collision with animals and vehicle. Where, in an action to recover for the killing of a horse and the destruction of a wagon struck by defendant’s street car, it appeared that a team of horses were driven on the street railway tracks to avoid a rock pile, and that the car was coming from the rear at the rate of between thirty and thirty-five miles per hour, and that the headlight was but a 16-candle power reflector, in a rusted condition, by which an object could not be seen at a distance greater than twenty-five or thirty feet in front of the car, and that no bell was rung or whistle sounded, held the court erred in directing a verdict of not guilty.

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Bluebook (online)

190 Ill. App. 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sylvester-v-bloomington-normal-railway-light-co-illappct-1914.