Wabash Railway Co. v. Elliott
Cases that cite this one
6 later published cases cite this decision.
- City of Chicago v. McLean (Ill. 1890)
- Terre Haute & Indianapolis Railroad v. Voelker (Ill. App. Ct. 1889)
- Louisville & Nashville Railroad v. Hall (Ala. 1888)
- Chicago & Alton Railroad v. Adler (Ill. App. Ct. 1888)
- Wabash, St. Louis & Pacific Railway Co. v. Mahaffee (Ill. App. Ct. 1885)
- Chicago & Northwestern Railway Co. v. Moranda (Ill. 1884)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the Court:
As to the weight of the evidence relating to the allegation of facts, the judgment of the Appellate Court is conclusive. As to the instruction asked by the appellant, and which the circuit court refused to give, we think the decision was right.
It is not the office of the circuit court to determine what circumstances will be sufficient to charge a plaintiff with want of ordinary care, or such want of care as will cut off a right of recovery. The law of this case required of the plaintiff that lie should use ordinary care, considering his surroundings,—that is, such care as men of ordinary prudence would usually exercise under the same or like circumstances. By asking this instruction the court was called upon to usurp the province of the jury, and direct them, in substance, as to what circumstances would show or constitute a want of ordinary care.
Finding no error, the judgment of the Appellate Court in this case is affirmed.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.