Porter v. Chicago City Railway Co.
Robert Porter by Cora Porter, in Error v. Chicago City Railway Company, in Error
Porter v. Chicago City Ry. Co., 187 Ill. App. 28 (1914)
Headnotes
Abstract of the Decision.
1. Carriers, § 438*—when alighted passenger guilty of contributory negligence in crossing tracks. In an action against a street railway company to recover for personal injuries, where it appeared that plaintiff got off' a car at a street intersection and in passing around the rear end of the car to cross the street was struck by another car going in the opposite direction, held that a judgment for plaintiff could not be sustained, there being no evidence that plaintiff was in the exercise of any degree of care, and it appearing that he attempted to cross the track without looking or attempting to ascertain whether he could do so in safety.
2. Negligence, § 198*—when contributory negligence is a question of law. In a personal injury case, where the facts are undisputed and but one reasonable inference can be drawn therefrom, the question of contributory negligence, as well as the question of negligence, becomes one of law for the court.
Summary
Error to the Municipal Court of Chicago; the Hon. John J. Rooney, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Mr. Justice Clark delivered the opinion of the court.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.