Chicago, Rock Island & Pacific Ry. Co. v. Barrett
Appellate Court of Illinois
Appeal from the Circuit Court of Grundy county; the Hon. F. Goodspeed, Judge, presiding. This action was instituted by the appellee to recover damages for injuries received by him from an alleged assault and battery committed by the conductor of the appellant upon him.
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Appeal from the Circuit Court of Grundy county; the Hon. F. Goodspeed, Judge, presiding. This action was instituted by the appellee to recover damages for injuries received by him from an alleged assault and battery committed by the conductor of the appellant upon him. The declaration contains two counts, and as shown by appellant’s abstract, is substantially as follows: First count alleges ownership of railroad for the purpose of carriage of goods and passengers from Seneca to Morris, with certain trains running thereon under the care of divers servants of the defendant, who were engaged in…
1Opinion of the CourtPillsbury, J.
The law, under the contract entered into by a common carrier of persons, when it receives the price demanded for the service required, imposes upon the carrier the duty of exercising the highest degree of care, skill and vigilance to carry the passenger to his destination in safety, and for the slightest neglect in this regard the carrier is liable to the passenger, if in consequence thereof, he be injured. G. & C. U. R. R. v. Yarwood, 15 Ill. 468; G. & C. R. R. Co. v. Fay, 16 Ill. 558; Penn. R. R. Co. v. Roy, 102 U. S. 451.
This duty is not necessarily fulfilled by guarding the passenger…
2Cases cited18 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
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3Cited by4 opinions
- Hanson v. Urbana & Champaign El. St. Ry. Co.Appellate Court of Illinois · 1898
- East St. Louis & Carondelet Railway Co. v. FrazierAppellate Court of Illinois · 1888
- Hale v. HarmsAppellate Court of Illinois · 1930
- Illinois Central Railroad v. McMillionAppellate Court of Illinois · 1906