Chicago & E. I. R. R. v. Casazza

Mr. Presiding Justice Freeman

delivered the opinion of the court.

This is an action of trespass. Appellee seeks to recover for injuries claimed to have been forcibly and violently inflicted by a train conductor in the employ of appellant. It is conceded that appellee was forcibly ejected from a suburban passenger train. The declaration charges a malicious and wanton assault, and the use of unnecessary, excessive and unreasonable force. The defendant pleaded the general issue.

There is some conflict in the evidence. Appellant contends that appellee was under the influence of liquor. At all…