Reports Of Cases Decided In The Appellate Courts Of The State Of Illinois Volume 36

Paperback | May 20, 2012

byIllinois. Appellate Court

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 Excerpt: ... its being negligence to jump off the moving train might properly have been given, as such act would defeat the cause of action stated in the declaration, to the extent, at least, of the averment that appellee was thrown off the car by a sudden jerking as averred. One instruction to that effect was in substance given; of this, however, it may not be important to make further comment, for strictly speaking it is a question of fact for the jury, although the Supreme Court say in the above cited case, that is a still controverted question. We do not wish to be misunderstood as asserting that if, after appellee had gotten out upon the platform of the car in which she was being transported, in a proper and timely endeavor to alight therefrom, and by the motion of the car or train she was forced to jump off, the act under such circumstances would be negligence on her part to prevent a recovery for injuries sustained through negligence of the servants and agents of the appellant in causing her to jump off; in such case the act would not be voluntary and would be excusable. In regard to the other refused or modified instructions we perceive no reversible error. We need not notice the point made on the special findings, as the case will be submitted to another jury. Vol. 36. Sherman v. Baylor. It was entirely proper, and in some part the court did allow appellant to show that the train was stopped a sufficient length of time to allow all the passengers using reasonable diligence to alight therefrom before starting again, as that was one of the principal issues in the case; fnil inquiry in regard thereto should have been allowed by the trial court. For the reasons above assigned the judgment of the court below is reversed and the cause remanded for further proceeding...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 Excerpt: ... its being negligence to jump off the moving train might properly have been given, as such act would defeat the cause of action ...

Format:PaperbackDimensions:234 pages, 9.69 × 7.44 × 0.49 inPublished:May 20, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217984924

ISBN - 13:9780217984928

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