Devine v. Chicago City Railway Co., 207 Ill. App. 28 (1917)

June 11, 1917 · Illinois Appellate Court · Gen. No. 22,929
207 Ill. App. 28
John F. Devine, Administrator, Appellee, v. Chicago City Railway Company, Appellant

John F. Devine, Administrator, Appellee, v. Chicago City Railway Company, Appellant.

Gen. No. 22,929.

(Not to be reported in full.)

Abstract of the Decision.

Street railroads, § 131 * - — when evidence shows that intestate's negligence is proximate cause of injury. In an action to recover for the death of plaintiff’s intestate, alleged to have been caused by the negligent operation of defendant’s street car, evidence held to show that the intestate’s negligence was the proximate cause of the injury and that defendant was free from actionable negligence.

Appeal from the Superior Court of Cook county; the Hon. Hucq Pam, Judge, presiding. Heard in this court at the October term, 1916.

Reversed with finding of fact.

Statement of the Case.

Action by John F. Devine, administrator of the estate of Harry Robinson, deceased, plaintiff, against the Chicago City Railway Company, defendant, to recover" damages for the death of plaintiff’s intestate. From a verdict and judgment for $2,000 for plaintiff, defendant appeals.

Busby, Weber & Miller, John E. Kehoe and Arthur J. Donovan, for appellant; John R. Guilliams, of counsel.

James D. Power, for appellee.

Mr. Justice Holdom

delivered the opinion of: the court.