Chicago & Northwestern Railway Co. v. Cummings
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. John G. Rogeks, Judge, presiding. This was an action of trespass for assault and battery brought by appellee to recover damages, for an alleged battery upon him by the brakeman of the appellant, when appellee was a passenger on the cars of appellant. The pleas were the general issue and son assault demesne.
Read the full summary
Appeal from the Circuit Court of Cook county; the Hon. John G. Rogeks, Judge, presiding. This was an action of trespass for assault and battery brought by appellee to recover damages, for an alleged battery upon him by the brakeman of the appellant, when appellee was a passenger on the cars of appellant. The pleas were the general issue and son assault demesne. While it appeared that appellee was beaten by the brakeman of the train in which he was a passenger, there was a sharp conflict of evidence as to whether appellee did not first strike the brakeman. The jury rendered a verdict against…
1Per curiam
The damages assessed by the jury were, according to the judgment of the court, more than three times greater than were justified. The damages were unliquidated, and there was no way in which the court could ascertain what part of the judgment was for actual damages, and what for punitive damages. The defendant company ought to have the right to have the verdict of an unprejudiced jury upon the case, and not be compelled to accept in lieu thereof the judgment of the court, and thus be practically denied trial by jury.
A verdict in such a case as this, so excessive that seven tenths of it will…
2Cases cited3 opinions
- Lœwenthal v. StrengIllinois Supreme Court · 1878
- McCausland v. WonderlyIllinois Supreme Court · 1870
- Thomas v. FischerIllinois Supreme Court · 1874
3Cited by13 opinions
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Adcock v. Oregon RailroadOregon Supreme Court · 1904
- Olson v. NorthAppellate Court of Illinois · 1934
- Rhyne v. TurleySupreme Court of Oklahoma · 1913
- West Chicago St. R. R. v. JohnsonAppellate Court of Illinois · 1897
8 more not listed; retrieve them via the Exa API.