Metropolitan West Side Elevated Railway Co. v. Sutherland

The question of the liability of plaintiff in error for the injuries received by defendant in error turns upon the duty which it owed to her, and whether or not it neglected that duty. If defendant in error was a passenger on the car- of plaintiff in error, then the duty of the latter to her “involved the use of the utmost care and diligence which can be bestowed by common skill and foresight.” C., B. & Q. R. R. Co. v. Mehlsack, 131 Ill., 61. If on the other hand defendant in error was a mere stranger to plaintiff in error, the duty of plaintiff in error rested merely upon grounds of humanity…