Legal Opinion

Eagle Packet Co. v. Defries

Illinois Supreme Court

Decided May 14, 1880PublishedCited by 29 opinions

Appeal from the Circuit Court of Jersey county; the Hon. Cyrus Epler, Judge, presiding. ■ This was an action on the case, brought by^appellee against appellant, to recover damages for injuries sustained by her whilst a passenger on one of appellant’s steamboats.

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Appeal from the Circuit Court of Jersey county; the Hon. Cyrus Epler, Judge, presiding. ■ This was an action on the case, brought by^appellee against appellant, to recover damages for injuries sustained by her whilst a passenger on one of appellant’s steamboats. The declaration alleged that appellee became a passenger on appellant’s steamboat Spread Eagle, to be carried from St. Louis to Grafton, and that it was the duty of the defendant, upon the arrival of said steamboat at Grafton, to give the plaintiff an opportunity of safely alighting therefrom, and then and there to secure said…

1Opinion of the CourtJustice Dickey

6

From a careful examination of the evidence, we are satisfied the plaintiff was entitled to a verdict in her favor. There is nothing in the record tending to prove a want of ordinary care on her part, which could have contributed to her injury. It is, however, insisted there is an entire absence of proof of negligence on the part of defendant. This view of the case results from a misapprehension of the legal effect of the evidence introduced by the plaintiff. It was clearly the duty of defendant to provide means by which plaintiff could safely go from the boat to the wharf; and the fact that…

2Cases cited2 opinions

  1. Stokes v. SaltonstallSupreme Court of the United States · 1839
  2. Pittsburg, Cincinnati & St. Louis Railway Co. v. ThompsonIllinois Supreme Court · 1870

3Cited by29 opinions

  1. Papke v. G. H. Hammond Co.Illinois Supreme Court · 1901
  2. Sanford v. Royal InsuranceWashington Supreme Court · 1895
  3. Kelly v. Chicago Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908
  4. Knoefel v. AtkinsIndiana Court of Appeals · 1907
  5. Cozine v. Hawaiian Catamaran, Ltd.Hawaii Supreme Court · 1966

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