Legal Opinion

Illinois Central Railroad v. Sutton

Illinois Supreme Court

Decided January 15, 1867PublishedCited by 37 opinions

Appeal from the Circuit Court of Champaign county; the Hon. O. L. Davis, Judge, presiding. This was an action of trespass on the case, instituted by the appellee, in the conrt below, against the appellant, as a common carrier, for ejecting the appellee, who was a passenger, from the cars of the appellant. Damages claimed $10,000. Plea, the general issue.

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Appeal from the Circuit Court of Champaign county; the Hon. O. L. Davis, Judge, presiding. This was an action of trespass on the case, instituted by the appellee, in the conrt below, against the appellant, as a common carrier, for ejecting the appellee, who was a passenger, from the cars of the appellant. Damages claimed $10,000. Plea, the general issue. At the October Term, 1866, of the Champaign Circuit Court, the cause was tried before a jury, who found the defendant guilty, and assessed the plaintiff’s damages at $470, besides the costs of suits. A motion for a new trial was made, which…

1Opinion of the CourtJustice Lawrence

This case, in its essential features, is like that of the Chicago & Alton R. R. v. Flagg, decided at the present term.* We held, in that case, when a railway company carries passengers in a ear attached to a freight train, and adopts a regulation requiring tickets to be purchased before entering the train, and a passenger disregards the rule, he can only be expelled from the train at a regular station. It is urged that this provision of the statute, forbidding passengers to be elsewhere expelled, applies only to the case of refusal to pay the fare and not to a violation of any other…

2Cases cited1 opinion

  1. State v. DavidsonSupreme Court of Vermont · 1858

3Cited by37 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
  2. Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
  3. Greinke v. Chicago City Railway Co.Illinois Supreme Court · 1908
  4. Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
  5. Chicago City Railway Co. v. BundyIllinois Supreme Court · 1904

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