McNulta v. Ensch
Illinois Supreme Court
Writ, of Error to the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. Jambs A. Creighton, Judge, presiding. This was an action on the case, brought by John Ensch, against John McNulta, receiver of the Wabash, St. Louis and Pacific Railway Company, in the Sangamon circuit court, to recover for personal injuries.
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Writ, of Error to the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. Jambs A. Creighton, Judge, presiding. This was an action on the case, brought by John Ensch, against John McNulta, receiver of the Wabash, St. Louis and Pacific Railway Company, in the Sangamon circuit court, to recover for personal injuries. The first count of the declaration charged the defendant was operating the railroad as receiver; that he was a common carrier; that he received the plaintiff as a passenger, to be carried from Springfield to…
1Opinion of the CourtChief Justice Shope
The first point made by the plaintiff in error is, that the court erred in giving plaintiff’s first instruction. The reason assigned is, there was no evidence upon which to base it. The instruction is as follows:
“The court instructs the jury, that if they believe, from the evidence, that the plaintiff was a passenger on the train of the defendant on the night of the 14th of January, in the year 1888, and that while the plaintiff was so a passenger, the said train stopped at the station which was the destination of-plaintiff, but that said train did not stop at said station fór a reasonably…
2Cases cited2 opinions
- Alwood v. MansfieldIllinois Supreme Court · 1864
- Storing v. OnleyIllinois Supreme Court · 1867
3Cited by49 opinions
- McNulta v. LockridgeIllinois Supreme Court · 1891
- Wahl v. SchmidtIllinois Supreme Court · 1923
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- Luken v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1911
- McAnrow v. MartinIllinois Supreme Court · 1899
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