{
  "id": 2862526,
  "name": "Mary McCausland, Appellee, v. Chicago City Railway Company, Appellant",
  "name_abbreviation": "McCausland v. Chicago City Railway Co.",
  "decision_date": "1916-03-07",
  "docket_number": "Gen. No. 21,890",
  "first_page": "200",
  "last_page": "201",
  "citations": [
    {
      "type": "official",
      "cite": "198 Ill. App. 200"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T18:11:33.440984+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mary McCausland, Appellee, v. Chicago City Railway Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Holdom\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Holdom"
      }
    ],
    "attorneys": [
      "Franklin B. Hussey and Charles Le Roy Brown, for appellant; John B. Guilliams, of counsel.",
      "Thomas E. Rooney and Ferdinand Gross, for appellee."
    ],
    "corrections": "",
    "head_matter": "Mary McCausland, Appellee, v. Chicago City Railway Company, Appellant.\nGen. No. 21,890.\n(Not to he reported in full.)\nAppeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the October term, 1915.\nReversed with finding of fact.\nOpinion filed March 7, 1916.\nRehearing denied March 20, 1916.\nStatement of the Case.\nAction by Mary McCausland, plaintiff, against Chicago City Railway Company, defendant, for damages for personal injuries. From a verdict and judgment for plaintiff, defendant appeals.\nDefendant while rehabilitating its street car tracks in Chicago laid a temporary north and south track on Halsted street at the intersection of Thirty-sixth street. When plaintiff was about to board defendant\u2019s southbound car at that point, she alleged, the car swayed and struck, causing the injury sued on. The rail nearest plaintiff (the west rail) was about three-quarters of an inch higher than the other rail (east rail) of the southbound track. Defendant\u2019s men were detailed to watch the temporary track to keep it surfaced, lined and gauged. The west rail (nearest plaintiff) was four feet from the curbstone. The overhang of defendant\u2019s cars was twenty-two to twenty-four inches on each side. Plaintiff testified that she stood one foot from the curb while waiting for the car, and was so standing when the car struck her.\nAbstract of the Decision.\n1. Carriers, \u00a7 421 \u2014when intending passenger struck by street car guilty of contributory negligence. An intending passenger who stands so close to a moving street car on which he intends to take passage as to be struck is guilty of contributory negligence.\n2. Appeal and error, \u00a7 1802*\u2014when case reversed with finding of fact. When it is patent from the evidence that plaintiff cannot maintain the action, the Appellate Court should reverse with a finding of fact.\n3. Negligence, \u00a7 90*\u2014when contributory negligence bars recovery. There can be no recovery when the accident, on account of which suit is brought, could not have happened but for plaintiff\u2019s contributory negligence, even though defendant was guilty of negligence which may have contributed in some way to bring about the accident.\nFranklin B. Hussey and Charles Le Roy Brown, for appellant; John B. Guilliams, of counsel.\nThomas E. Rooney and Ferdinand Gross, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0200-01",
  "first_page_order": 224,
  "last_page_order": 225
}