Bosworth v. Walker
Court of Appeals for the Seventh Circuit
Error to the Circuit Court of the United States for the Southern District of Illinois. The defendant in error, Charles W. Walker, recovered judgment in an -action of trespass on the case for personal injury against C. H. Bosworth, as receiver of the Chicago, Peoria & St. Louis Railway Company, plaintiff in error.
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Error to the Circuit Court of the United States for the Southern District of Illinois. The defendant in error, Charles W. Walker, recovered judgment in an -action of trespass on the case for personal injury against C. H. Bosworth, as receiver of the Chicago, Peoria & St. Louis Railway Company, plaintiff in error. The declaration contains four counts, the first two of which charge that while Walker was a passenger upon the train of plaintiff in error, going from Edwardsville to Glen Carbon, conducting- himself in a peaceable and proper manner, he was compelled and forced, by the threats and…
1Opinion of the CourtWoods, Circuit Judge
While the court instructed the jury quite fully upon the theory of the plaintiff that he was compelled by threats and manifestations of force to leave tlie train, and that the defendant was liable for an injury so caused, there is in the charge no presentation of the theory of defense, in support of which there is no lack of evidence in the record, that the attempt of the defendant in error to leave the train *60while it was in motion was a voluntary act, for the consequences of which the receiver was not responsible. By the charge given the jury was told that the company was liable to the…
2Cited by1 opinion
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