Legal Opinion

Toledo, Wabash & Western Railway Co. v. Williams

Illinois Supreme Court

Decided January 15, 1875PublishedCited by 5 opinions

Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This was an action on the case, brought by Edward H. Williams against The Toledo, Wabash and Western Bailway Company, to recover damages for an alleged wrongful assaulting, beating, etc., of the plaintiff by a servant of the defendant.

Read the full summary

Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This was an action on the case, brought by Edward H. Williams against The Toledo, Wabash and Western Bailway Company, to recover damages for an alleged wrongful assaulting, beating, etc., of the plaintiff by a servant of the defendant. A trial was had, which resulted in a verdict and judgment in favor of plaintiff for $50. On the cross-examination of B. E. Goodrich, one of defendant’s witnesses, the following questions were put to the witness by plaintiff’s counsel : “So your memory is peculiarly shaky on…

1Opinion of the CourtJustice Scholfield

delivered the opinion .of the Court:

Appellee’s declaration contains two counts. The substance of his cause of action, as therein stated, is, that, having purchased of appellant a ticket entitling him to be carried by it from- Quincy to Jacksonville, and while awaiting the departure of appellant’s train, at Quincy, in a room set apart- by it and used for passengers intending to de]iart by its trains, he was assaulted by the defendant’s servant, one E. E. Goodrich, by whom he was there insulted, beaten, etc.

The objection that appellant could not be sued for the injuries complained of, in Morgan…

2Cases cited2 opinions

  1. Kenney v. GreerIllinois Supreme Court · 1851
  2. Gillilan v. GrayIllinois Supreme Court · 1853

3Cited by5 opinions

  1. Farnsworth v. Union Pac. Coal Co.Utah Supreme Court · 1907
  2. Albuquerque & Cerrillos Coal Co. v. LermuseauxNew Mexico Supreme Court · 1920
  3. Burke v. Malaby and GossnelSupreme Court of Oklahoma · 1904
  4. People v. BrownIllinois Supreme Court · 1912
  5. Waters v. West Chicago St. R. R.Appellate Court of Illinois · 1902

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API