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McKenzie v. Friel

Appellate Court of Illinois, First District
May 29, 1945
326 Ill. App. 258 (Ill. App. Ct. 1945)

Opinion

Gen. No. 43,250. (Abstract of Decision.)

Opinion filed May 29, 1945 Rehearing denied June 12, 1945 Released for publication June 14, 1945

CARRIERS, § 548negligence in accelerating speed of street car after slowing down at regular stopping place. Where stalled street car caused blocking of track and accumulation of street cars behind block and, after clearing of track, motormen on forward cars were told to proceed certain distances without stopping, so as to better space cars and accommodate waiting passengers, and after going one block, third street car in line, an open entrance car, slowed down to a walking pace as it approached intersection where about 15 persons were waiting to board it, but was then suddenly speeded up, held judgment for death of plaintiff's decedent, who fell when car was suddenly accelerated as he was boarding it while it was apparently stopping, was warranted on basis of finding that defendant was negligent in suddenly accelerating speed after extending implied invitation to board car, through conduct indicating intention to stop.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. JOHN P. McGOORTY, Judge, presiding.

Judgment affirmed. Heard in the second division, first district, this court at the October term, 1944.

Frank L. Kriete, Charles E. Green and Arthur J. Donovan, for appellants;

William J. Flaherty, of counsel;

J.S. Pressman, for appellee;

David H. Kraft, of counsel.


Not to be published in full. Opinion filed May 29, 1945; rehearing denied June 12, 1945; released for publication June 14, 1945.


Summaries of

McKenzie v. Friel

Appellate Court of Illinois, First District
May 29, 1945
326 Ill. App. 258 (Ill. App. Ct. 1945)
Case details for

McKenzie v. Friel

Case Details

Full title:Margaret McKenzie, Administratrix of Estate of John McKenzie, Deceased…

Court:Appellate Court of Illinois, First District

Date published: May 29, 1945

Citations

326 Ill. App. 258 (Ill. App. Ct. 1945)
61 N.E.2d 407