Chicago & Alton Railroad v. Howell
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. M. W. Schaefer, Judge, presiding'. Appellee, on the morning of December 15, 1901, at about 4:20 o’clock, was injured while performing his duties in the switch yards of appellant at Venice, Illinois, by one of appellant’s cars. The car passed over his leg, necessitating- its amputation below the knee.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. M. W. Schaefer, Judge, presiding'. Appellee, on the morning of December 15, 1901, at about 4:20 o’clock, was injured while performing his duties in the switch yards of appellant at Venice, Illinois, by one of appellant’s cars. The car passed over his leg, necessitating- its amputation below the knee. Appellee broug'ht an action on the case in the circuit court of St. Clair county, and was by the verdict of a jury awarded $11,000 damages. The circuit court…
1Opinion of the CourtJustice Scott
Under the evidence in this case the court was warranted in submitting to the jury the question of defendant’s negligence. Whether plaintiff can be said, as a matter of law, to have assumed the risk resulting from the proximity of the end of the switch-stand handle to the tracks is more difficult to determine. Appellee contends that this is solely a question of fact and cannot be reviewed by this court. This is not always true. Where there is a contrariety of evidence on the question it-is a question of fact and the judgment of the Appellate Court is final, but where there is no dispute in the…
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