Toledo v. Apperson

• Decision Date: 31 January 1869
• Citation: Toledo v. Apperson, 49 Ill. 480, 1869 WL 5145 (Ill. 1869)
• Parties: TOLEDO, WABASH AND WESTERN RAILWAY COMPANYv.WILLIAM APPERSON.
• Court: Illinois Supreme Court

49 Ill. 480

1869 WL 5145 (Ill.)

TOLEDO, WABASH AND WESTERN RAILWAY COMPANY

v.WILLIAM APPERSON.

Supreme Court of Illinois.

January Term, 1869.

APPEAL from the Circuit Court of Champaign county; the Hon. A. J. GALLAGHER, Judge, presiding.

The opinion states the case.

Mr. A. E. HARMON, for the appellant.

Messrs. COLER & SMITH, for the appellee.

Mr. JUSTICE LAWRENCE delivered the opinion of the Court:

This was an action brought by the appellee, against the appellant, for injuries received by the former when traveling upon the defendant's line. The car in which the plaintiff was seated ran off the track and was overturned, causing him very serious injury, for which the jury gave him a verdict of $1,000, and the court rendered judgment on the verdict.

The verdict and judgment were unquestionably correct. The evidence shows the railway track, where the rail was broken and the accident occurred, to have been in such wretched condition as to make the company fairly chargeable with gross negligence. A part of the rails were fastened with spikes instead of chairs. Some of them were badly worn, having their ends so loose that they worked up and down with each passing car; some of the ties were broken in the middle, and the rails varied in length from nine to thirteen feet, some of them not meeting at the joints by two or two and a-half inches, the spaces being filled in with wooden plugs, and the rails only partially spiked. This was...