Illinois Central Railroad v. Cunningham
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. A. J. Gallagher, Judge, presiding. This was an action on the case, by Joseph O. Cunningham, the appellee, against the Illinois Central Railroad Company, to recover damages for being put off the defendant’s train in the night time, not at a regular stopping place for trains.
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Appeal from the Circuit Court of Macon county; the Hon. A. J. Gallagher, Judge, presiding. This was an action on the case, by Joseph O. Cunningham, the appellee, against the Illinois Central Railroad Company, to recover damages for being put off the defendant’s train in the night time, not at a regular stopping place for trains. It appeared that the plaintiff was' unable to procure a ticket through the fault of the company, and that he was put off the train because he did not haye such ticket. The facts of the case are stated in the next preceding case.
1Opinion of the CourtJustice Scott
This case is identical in its material facts with the preceding case of The Illinois Central Railroad Co. v. Johnson, and the questions of law raised are decided the same way.
The verdict was for $500, and in view of the facts,'a majority of the court are of opinion that the damages found are excessive, under the reasoning in that case; for which reason the judgment is reversed and the cause remanded.
Judgment reversed.
2Cited by5 opinions
- Chicago, Burlington & Quincy R. R. v. GriffinIllinois Supreme Court · 1873
- Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882
- East Tenn., Va. & Ga. Railway Co. v. KingSupreme Court of Georgia · 1892
- Zion v. Southern Pac. Co.U.S. Circuit Court for the District of Nevada · 1895
- Illinois Central Railroad v. LouthanAppellate Court of Illinois · 1899