Chicago, Rock Island & Pacific Railway Co. v. Wimmer

The opinion of the court was delivered by

Porter, J.:

William Wimmer was injured in alighting from a train of plaintiff in error at Athol, in Smith county. He brought this action for damages and re*567covered a judgment for $1999, from which the railway company brings this proceeding in error. Mr. Wimmer’s ticket was from Alta Vista to Athol, and the train upon which he was a passenger reached Athol at three o’clock on the morning of June 23, 1903. He was between seventy-nine and eighty years of age. He had no luggage except a valise, and was occupying a seat at the rear of the smoking-car. As the…