Chicago Terminal Transfer R. R. Co. v. Schmelling
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the. Hon. Farlin Q. Ball, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900.
1Opinion of the CourtJustice Waterman
The relation of carrier and passenger does not cease until the passenger has had a reasonable opportunity to leave the place where his journey ends and passengers are discharged. Elliott on Railroads, Sec. 1592.
Was appellee injured before he had, or in consequence of his failure to avail himself of such opportunity ?
It is said that he alighted upon the wrong side of the car; this may be, but he left the car by a way provided by appellant and without warning not to use it. If appellant did not wish to have him gét off as he did it should have forbidden his so doing. Penn. Co. v. McCaffery, 173…
2Cases cited3 opinions
- Pennsylvania Co. v. McCaffreyIllinois Supreme Court · 1898
- Toledo, St. Louis & Kansas City Railroad v. BaileyIllinois Supreme Court · 1893
- Lumaghi v. GardinAppellate Court of Illinois · 1894
3Cited by2 opinions
- Chicago & Alton Ry. Co. v. TraceyAppellate Court of Illinois · 1903
- Kennedy v. FlemingSupreme Court of Kansas · 1923