166 N.E. 530 (Ill. 1929), 18121, Molloy v. Chicago Rapid Transit Co.

Docket Nº:18121.
Citation:166 N.E. 530, 335 Ill. 164
Opinion Judge:PARTLOW, C. PER CURIAM.
Party Name:MOLLOY v. CHICAGO RAPID TRANSIT CO.
Attorney:[335 Ill. 165] Gardner, Foote, Burns & Morrow, of Chicago (William A. Morrow and Walter M. Fowler, both of Chicago, of counsel), for plaintiff in error. James C. McShane, of Chicago, for defendant in error.
Case Date:April 20, 1929
Court:Supreme Court of Illinois
 
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Page 530

166 N.E. 530 (Ill. 1929)

335 Ill. 164

MOLLOY

v.

CHICAGO RAPID TRANSIT CO.

No. 18121.

Supreme Court of Illinois

April 20, 1929

Rehearing Denied June 7, 1929.

Commissioner's Opinion.

Error to First Branch Appellate Court, First District, on Appeal from Superior Court, Cook County; Hugo Pam, Judge.

Action by Anna M. Molloy, as administratrix of the estate of Loretta Molloy, against the Chicago Rapid Transit Company. Judgment for plaintiff, and defendant brings certiorari.

Reversed and remanded.

[335 Ill. 165] Gardner, Foote, Burns & Morrow, of Chicago (William A. Morrow and Walter M. Fowler, both of Chicago, of counsel), for plaintiff in error.

James C. McShane, of Chicago, for defendant in error.

PARTLOW, C.

Defendant in error, Anna M. Molloy, as administratrix of the estate of Loretta Molloy, deceased, obtained a judgment for $5,500 in the superior court of Cook county against plaintiff in error, the Chicago Rapid Transit Company, as damages for the death of her intestate. The judgment was affirmed by the Appellate Court, and the record is before this court on a writ of certiorari.

The deceased, a girl eight years old, was killed about 5 o'clock p. m., December 21, 1923, at the elevated station of plaintiff in error at Lawrence avenue, in Chicago, by being struck by a car and falling through the open space between the car and the platform to the track below. She lived with her parents about a mile north of Lawrence avenue, which is an east and west street. Since September, 1922, once a week from 4 to 5 o'clock p. m., she had attended a dancing academy on the south side of Lawrence avenue, east of the elevated railroad. She generally went from her home to the academy with her sister Jane, ten years old, who attended a music school at Lawrence avenue and Sheridan road from 4 to 4:30 o'clock p. m. On the day in question Jane went shopping, and the deceased went alone to her dancing school. When the lesson was over, about 5 o'clock, she went to the elevated station, and it is admitted by plaintiff in error that she was a [335 Ill. 166] passenger at the time she was killed. The elevated platform is on the west side of the track. It is about 355 feet long, 12 feet wide, and extends north and south. There are two stairways to the platform on the south side of Lawrence avenue. In the middle of the platform is a windbreak 32 1/2 feet long, extending north and south, and there is a space 6 feet wide between the windbreak and the east edge of the platform. The platform is 3 1/2 feet above the rails of the track, and the floor of the car was 4 1/2 inches higher than the top of the platform. There was a handhold 2 feet 7 inches long on the side of the car, extending up and down. It was made of steel, five-eighths of an inch in diameter, and all of its fasteners and contours were rounded. It was one foot ten and one-half inches from the top of the platform to the bottom of the handhold, which extended out from the side of the car 2 1/2 inches. There was a space 8 or 10 inches wide between the side of the car and the east edge of the platform. The train consisted of six cars and came from the south, going north. As it came into the station the deceased walked to the middle of the platform. After the first car had passed she started to run along with the train, evidently intending to enter between the first and second cars. The handhold on the north end of the second car was attached to the body of the car just south of the door. There were two women standing between the windbreak and the train. The deceased passed between the women and the train and was struck or caught by the front end of the second car. The train ran 20 or 25 feet after she was struck, her body dropped down between the car and the platform, her head remained above the platform until the opening between the second and third cars was reached, when she dropped onto the track, and she was under the front truck of the third car when the train stopped. The car which caused the injury had a sliding door, which was closed at the time of the accident.

[335 Ill. 167] The declaration consisted of two counts. The negligence charged in the first count was that plaintiff in error wrongfully and negligently caused and permitted the east edge of its platform to be and remain an unnecessary, unusual, and dangerous distance from the track, whereby persons who were on the platform in or about boarding or alighting from the cars were exposed to great, unusual, and unnecessary danger of slipping, stepping, or falling between the east edge of the platform and...

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