Michigan Southern & Northern Indiana Railroad v. Shelton

* This is an appeal from a judgment rendered by the circuit court of Cook county, against appellant. The gravamen of the action was, ejecting appellee from one of its cars while in rapid motion, by which he was seriously injured.

There was much testimony heard on the trial on both sides. The point was, did the conductor put the plaintiff off the car while it was in motion.

The court, at the instance of the plaintiff, gave this instruction to the jury:

“The jury are instructed, that if they believe, from the evidence, that the plaintiff had not paid or offered to pay his fare from Elkhart to…