Illinois Central Railroad v. Davenport
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. Edward P. Vail, Judge, presiding. This was an action of trespass on the case by the appellee, against the appellant company.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. Edward P. Vail, Judge, presiding. This was an action of trespass on the case by the appellee, against the appellant company. The declaration alleged in the first count the appellee was a passenger, and in the second count he was lawfully upon one of appellant’s freight trains, and in both counts that certain servants and employees of the company unlawfully, wickedly, forcibly and maliciously, while the said train was moving at a high rate of speed, with great…
1Opinion of the CourtJustice Boggs
The briefs of counsel make no reference to' the rulings of the court as to the admissibility of evidence, and all assignments as for error of that nature are deemed waived.
It is not contended any ruling of the court in passing on the instructions, or otherwise, improperly defined the relation of passenger or carrier. The court was not called upon to instruct the jury the evidence was insufficient to support the verdict for appellee, hence that question does not arise upon this record. We cannot consider whether the facts disclosed by the evidence were or were not sufficient to establish that,…
2Cited by5 opinions
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