Fanelli v. Illinois Central Railroad Company

(dissenting) — I respectfully dissent. As I read the majority opinion it holds the evidence, viewed in the light most favorable to plaintiff, fails to make out a prima-facie case of slight negligence. It goes on to hold plaintiff also failed to establish a prima-facie ease of proximate cause. I feel the evidence here sufficient to make out a prima-facie case on both issues.

I. I would hold a prima-facie ease of slight negligence was established by the evidence of wet slippery steps and the evidence of failure to assist plaintiff who was required to use them to get off of the train. We must…