Walther v. Abbott

Appellate Court of Illinois

Walther v. Abbott

80 Ill. App. 368, 1898 Ill. App. LEXIS 435

Appellate Court of Illinois·Decided March 14, 1899·Published

Opinion

In an action to recover for personal injuries, brought by a passenger .against a carrier, the refusal to hold as a proposition of law that if the plaintiff was guilty of negligence which in any degree contributed to the injury complained of, he'could not recover, unless the negligence of the defendant was malicious and willful or wantonly reckless; and the modifying of another like proposition of law by inserting the words “ a material ” in lieu of “ any,” preceding the word “ degree,” and holding it, as modified, to be the law, was substantial error, where there was a close contest upon the merits of the case. Cicero & Proviso St. R. R. Co. v. Snider, 72 111. App. 300; C. C. Ry. Co. v. Canevin, 72 111. App. 81.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover for personal injuries, brought by a passenger .against a carrier, the refusal to hold as a proposition of law that if the plaintiff was guilty of negligence which in any degree contributed to the injury complained of, he'could not recover, unless the negligence of the defendant was malicious and willful or wantonly reckless; and the modifying of another like proposition of law by inserting the words “ a material ” in lieu of “ any,” preceding the word “ degree,” and holding it, as modified, to be the law, was substantial error, where there was a close contest upon the merits of the case. Cicero & Proviso St. R. R. Co. v. Snider, 72 111. App. 300; C. C. Ry. Co. v. Canevin, 72 111. App. 81.

Reversed and remanded.

Walther v. Abbott, 80 Ill. App. 368, 1898 Ill. App. LEXIS 435 (Ill. Ct. App. 1899).

Pincite

80 Ill. App. 368 (Walther v. Abbott) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.