McCoy v. Chicago Transit Authority

Plaintiff, Fred McCoy, brought suit against the defendant, Chicago Transit Authority (CTA), after he, while riding the CTA’s Howard-Englewood elevated train in the city of Chicago, was injured in an assault by a fellow passenger. Following a jury trial, the circuit court of Cook County entered a judgment upon the jury’s verdict in favor of the plaintiff. The appellate court reversed the judgment, finding it to be clearly against the manifest weight of the evidence (44 Ill. App. 3d 939), and this court granted plaintiff leave to appeal.

Plaintiff testified that on October 14, 1970, he left…