Appellate Court of Illinois · Decided March 5, 1914 · Fitch
185 Ill. App. 220
Devine v. Chicago City Railway Co.
Opinion of the Court
Mr. Presiding Justice Fitch
delivered the opinion
of the court.
2. Street railroads, § 94*—right of pedestrian to rely on care of company. A pedestrian in attempting to cross street car tracks around the rear of a car which had stopped to receive passengers has a right to presume and to rely to some extent, at least, upon the presumption that a car coming from the opposite direction would not approach without warning.3. Street railroads, § 95*—effect of failure to stop, loofo and listen. Mere failure of a person to stop, look and listen as he approaches a railroad crossing is not necessarily negligence on his part, as a matter of law, and whether such failure is negligence, in fact, depends upon the facts and circumstances surrounding the accident.