Harvey v. Chicago & Alton Railway Co.
Illinois Supreme Court
Appear from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Corostin D. Myers, Judge, presiding. This is an action on the case commenced in the circuit court of McLean county by appellant, against appellee, to recover for injuries alleged to have been sustained by him while a passenger on the appellee’s train.
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Appear from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Corostin D. Myers, Judge, presiding. This is an action on the case commenced in the circuit court of McLean county by appellant, against appellee, to recover for injuries alleged to have been sustained by him while a passenger on the appellee’s train. The negligence charged in the declaration was the failure to keep a certain station platform properly lighted so that passengers might safely alight from trains; mismanagement in stopping the train before it…
1Opinion of the CourtJustice Wilkin
Complaint is made of appellee’s first instruction, which is to the effect that the rule of law that the defendant, as a carrier of passengers, was required to exercise the highest degree of care for their safety consistent with the practical operation of its railroad, does not in any degree excuse passengers from the duty of exercising ordinary care for their own safety, etc. Objection is made to the use of the words “in any degree.” It is insisted that the instruction as given would incline a jury to the belief that the plaintiff was held to the highest degree of care, whereas, under the…
2Cited by5 opinions
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- Casey v. Chicago City Railway Co.Illinois Supreme Court · 1908
- People v. FullerAppellate Court of Illinois · 1908