183 N.E.2d 579 (Ill.App. 1 Dist. 1962), 48538, Lutz v. Chicago Transit Authority

Docket Nº:Gen. No. 48538.
Citation:183 N.E.2d 579, 36 Ill.App.2d 79
Party Name:Rose LUTZ, Plaintiff-Appellant, v. CHICAGO TRANSIT AUTHORITY, a Municipal Corporation, Defendant-Appellee.
Case Date:March 28, 1962
Court:Court of Appeals of Illinois

Page 579

183 N.E.2d 579 (Ill.App. 1 Dist. 1962)

36 Ill.App.2d 79

Rose LUTZ, Plaintiff-Appellant,


CHICAGO TRANSIT AUTHORITY, a Municipal Corporation,


Gen. No. 48538.

Court of Appeals of Illinois, First District, Third Division.

March 28, 1962.

Page 580

[36 Ill.App.2d 80] Meyer L. Cherkas, Chicago, for appellant.

[36 Ill.App.2d 81] William J. Lynch, William S. Allen, Jerome F. Dixon, Chicago, for appellee.

DEMPSEY, Justice.

At the conclusion of the plaintiff's case, in her suit against the Chicago Transit Authority for personal injury, the court sustained the defendant's motion for a directed verdict and instructed the jury to find the issues for the defendant. Rose Lutz, the plaintiff, appeals from the judgment entered upon the verdict of not guilty.

Mrs. Lutz, a widow who had been working for 36 years, left her place of employment at Diversey and Damen Avenues at 4:30 p. m., November 18, 1954. She boarded the defendant's eastbound Diversey Avenue bus and sat near the front door in the middle of the three-place seat on the south side of the bus, facing north. She lived on Seminary Avenue a few blocks north of Diversey, and it was her custom to take the bus to Sheffield Avenue, which is a block east of Seminary, and change there to a bus going north. Diversey and Sheffield is also a transfer point for the nearby elevated line and people desiring to transfer to the 'L' get off Diversey buses and hurry at that hour to the elevated station.

The Diversey bus became very crowded before it arrived at Sheffield. As it approached that intersection Mrs. Lutz prepared

Page 581

to get off. Because of the crowded aisle it was difficult for her to do so and she was assisted to her feet by a man seated next to her who gave her his arm for support. She reached the front door and was standing on the top step, waiting for the bus to stop at the southeast corner which was the normal practice. There were people on the bus who wanted to take the 'L'. A woman farther back started pushing through the crowd, calling that she wanted to get off and for the driver to stop so [36 Ill.App.2d 82] that she could catch an elevated train. Some woman behind Mrs. Lutz placed her hands on Mrs. Lutz's shoulders and pushed her just as the bus was coming to an unexpected stop, on the southwest instead of the southeast corner; then the door opened and Mrs. Lutz was shoved out. She fell over the curb, bruising her head, breaking her elbow and injuring her ribs. A passenger, who was farther back on the bus and who was also getting...

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