The Chicago West Div. Ry. Co. v. Hughes
| Citation | 69 Ill. 170,1873 WL 8430 |
| Parties | THE CHICAGO WEST DIVISION RAILWAY COMPANYv.JOHN HUGHES. |
| Decision Date | 30 September 1873 |
| Court | Supreme Court of Illinois |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Du Page county; the Hon. SILVANUS WILCOX, Judge, presiding.
Messrs. AYER & KALES, for the appellant.
Messrs. BENNETT & SHERBURNE, for the appellee.
This was an action on the case, commenced in the Superior Court of Cook county, and taken by change of venue to Du Page county, resulting there in a verdict for the plaintiff of five thousand dollars. On a motion for a new trial being made, the plaintiff remitted two thousand dollars, and judgment was rendered for three thousand dollars. To reverse this judgment the defendant appeals.
The action was brought against the Chicago West Division Railway Company, a street railway, the plaintiff declaring in three counts, the first two for driving the car so negligently that the plaintiff, using due care, was thrown from the car, run over and greatly injured. In the third count, accompanied by the requisite preliminary allegations, it is charged, that whilst the plaintiff was acting with all due care and diligence, one of the servants of the defendant, who was controling and conducting the car, while passing through the car, in the discharge of his duty as such servant, carelessly ran against and pushed the plaintiff off the car, by means whereof plaintiff fell from the car, in front of the wheels, while the car was moving at full speed, and plaintiff seeing and realizing he was in great danger of being crushed thereby, caught and held with all his might upon the front part of the car, and was dragged for some distance in that position, and while being so dragged, he called in a loud voice to defendant's servants operating the car, to stop it, that he was in danger of being killed; that they heard, saw and knew all this, and had ample time, before plaintiff's hold upon the car was broken, to have stopped the car, and saved plaintiff from injury. But they disregarded all this, and carelessly and negligently allowed the car to continue on at full speed, and in consequence of this plaintiff's hold upon the car was broken, and he fell upon the pavement in front thereof, and was run over, his arm crushed, wounded and mangled.
Appellant urges, as grounds for reversal, giving an improper instruction on the part of the plaintiff, refusing to give proper instructions on behalf of the defendants, and in modifying their instructions, the verdict is contrary to the law and the evidence, and that the damages are excessive.
Upon the point that the verdict is contrary to the evidence, as the case will have to be tried again, we forbear any particular comments on the evidence, and dismiss its consideration with the remark, from our point of view, and fully considering the testimony with surrounding circumstances, we should be very unwilling to render such a verdict. The charge that he was kicked off or pushed off the car is not sustained, save by his own oath, and he is flatly contradicted by...
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