Tremarico v. Illinois Northern Utilities Co., 210 Ill. App. 515 (1918)

April 9, 1918 · Illinois Appellate Court · Gen. No. 6,525
210 Ill. App. 515

J. Tremarico and Jasper Carle, Appellees, v. Illinois Northern Utilities Company, Appellant.

Gen. No. 6,525.

(Not to be reported in full.)

Abstract of the Decision.

Street railroads,- § 131 * —when evidence shows ringing of gong of street car before reaching crossing. In an action to recover damages for injury to plaintiff’s horse and wagon in a collision at a street intersection with one of defendant’s street cars, evidence held sufficient to show that the gong of the street car was rung more than 50 feet from the street crossing and was kept ringing until the car reached the crossing.

Appeal from the Circuit Court of Stephenson county; the Hon. Oscar E. Heard, Judge, presiding.

Heard in this court at the October term, 1917.

Reversed with statement of facts.

Opinion filed April 9, 1918.

Statement of the Case.

Action by J. Tremarico and Jasper Carle, plaintiffs, against Illinois Northern Utilities Company, a corporation, defendant, to recover damages for injury to plaintiff’s horse and wagon as the result of a collision with one of defendant’s street cars. From a judgment for plaintiffs for $110.14, defendant appeals.

Cronkrite & Hunter and Robert B. Mitchell, for appellant.

No appearance for appellees.

Mr. Justice Niehaus

delivered the opinion of the court.