Price v. Wabash R. Co., Gen. No. 10334
| Citation | 174 N.E.2d 5,30 Ill.App.2d 115 |
| Decision Date | 17 April 1961 |
| Docket Number | Gen. No. 10334 |
| Parties | Betty PRICE and McKinley Price, Plaintiffs, Betty Price, Plaintiff-Appellee, v. WABASH RAILROAD COMPANY, a corporation, and the City of Taylorville, Illinois, Defendants, Wabash Railroad Company, a corporation, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
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Betty Price, Plaintiff-Appellee,
v.
WABASH RAILROAD COMPANY, a corporation, and the City of
Taylorville, Illinois, Defendants,
Wabash Railroad Company, a corporation, Defendant-Appellant.
John W. Coale, Taylorville, John L. Davidson, Jr., and Charles P. Lippert, St. Louis, for appellant.
[30 Ill.App.2d 116] No Appearance for appellee.
REYNOLDS, Justice.
Plaintiff Betty Price brought suit against the Wabash Railroad Company, and the City of Taylorville, Illinois, for injuries alleged to have been sustained by reason of a defective walk across the railroad tracks. Plaintiff McKinley Price, husband of Betty Price, brought suit for loss of consortium. Before trial the plaintiffs settled their suit against the City of Taylorville and dismissed as to the City. The Wabash Railroad Company moved to dismiss the suit against it on the ground that the settlement constituted a release. The motion
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was overruled and the case was tried before a jury. The jury returned a verdict finding the defendant Wabash Railroad Company guilty as to Betty Price and not guilty as to McKinley Price. Betty Price's damages were found to be $500. The Wabash Railroad Company then moved for judgment notwithstanding the verdict, or in the alternative asked the court to enter a remittitur for the total amount awarded Betty Price, asserting in its motion that the City of Taylorville had paid Betty Price $900 to execute a covenant not to sue for the injuries and damages she claimed to have sustained in the same accident giving rise to the action. This was not denied by the plaintiff Betty Price. The trial court denied the motion and the Wabash Railroad Company appeals to this court.The covenant given to the City of Taylorville did not appear in the pleadings or the evidence and the finding of the jury was not predicated upon evidence of any payment made to plaintiff Betty Price by the City of Taylorville. The defendant did move for dismissal on the ground that the dismissal as to the City constituted dismissal as to all defendants. This motion was argued out of the presence of the jury and [30 Ill.App.2d 117] denied. The covenant taken by the City first appeared in the motion for judgment notwithstanding the verdict. If evidence of the covenant given to the city had been considered by the jury, it might well be argued that...
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