Legal Opinion

Chicago & Alton Railway Co. v. Walker

Illinois Supreme Court

Decided October 24, 1905PublishedCited by 15 opinions

Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Grundy county; the Hon. S. C. Stough, Judge, presiding. This is an action on the case brought by appellee, against the appellant, to recover for personal injuries alleged to have been sustained by reason of catching the heel of her shoe in a hole in the floor of appellant’s depot at Braceville, Illinois, causing her to fall out of the door onto the platform.

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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Grundy county; the Hon. S. C. Stough, Judge, presiding. This is an action on the case brought by appellee, against the appellant, to recover for personal injuries alleged to have been sustained by reason of catching the heel of her shoe in a hole in the floor of appellant’s depot at Braceville, Illinois, causing her to fall out of the door onto the platform. On May 8, 1903, the appellee lived at Gardner, and purchased a round-trip ticket to Braceville for the purpose of visiting…

1Opinion of the CourtJustice Wilkin

At the close of appellee’s evidence, and again at the close of all the evidence, the defendant made motions to instruct the jury to find it not guilty, which were refused, and that ruling is assigned as error. As often said, the only question for our consideration under this assignment is whether or not there is any evidence at all in the record fairly tending to support the verdict.

There is no substantial conflict in the testimony, which shows that on the morning of the accident appellee purchased a round-trip ticket from appellant’s agent, as stated above. She used half of the ticket and…

2Cases cited2 opinions

  1. Swift & Co. v. RutkowskiIllinois Supreme Court · 1899
  2. Wabash, St. Louis & Pacific Railway Co. v. RectorIllinois Supreme Court · 1882

3Cited by15 opinions

  1. Smith v. Ohio Oil Co.Appellate Court of Illinois · 1956
  2. Dameron v. AnsbroCalifornia Court of Appeal · 1918
  3. State v. WestonOregon Supreme Court · 1936
  4. Pere Marquette Railroad v. StrangeIndiana Supreme Court · 1908
  5. Carnine v. TibbettsOregon Supreme Court · 1937

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