Abt v. Chicago Railways Co.

Appellate Court of Illinois

Abt v. Chicago Railways Co.

207 Ill. App. 314

CourtAppellate Court of Illinois

DecidedOctober 2, 1917

DocketGen. No. 23,309

StatusPublished

This text of 207 Ill. App. 314 (Abt v. Chicago Railways Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abt v. Chicago Railways Co., 207 Ill. App. 314 (Ill. Ct. App. 1917).

Pincite

Opinion

Mr. Presiding Justice Holdom

delivered the opinion of the court.

7. Carriers, § 344* — when instruction on liability of carrier for assault by conductor, is correct. In an action by a passenger against a street railroad company for damages for personal injuries due to an assault upon plaintiff by defendant’s conductor, held that an instruction that after plaintiff alighted from the car the relation of passenger and carrier ended, and when plaintiff again boarded the car for the purpose of assaulting the conductor he was not a passenger but a trespasser, and that defendant was not liable for the conduct of the conductor towards the plaintiff while he was on the car for the purpose of assaulting the conductor, was correct. 8. Appeal and bbbor, § 1407* — when judgment not disturbed because of inadequacy of. A judgment will not be disturbed on appeal for mere inadequacy of damages awarded unless it is apparent that the verdict was the result of passion or prejudice in the jury or of errors of law by the court.

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Mr. Presiding Justice Holdom

delivered the opinion of the court.

7. Carriers, § 344* — when instruction on liability of carrier for assault by conductor, is correct. In an action by a passenger against a street railroad company for damages for personal injuries due to an assault upon plaintiff by defendant’s conductor, held that an instruction that after plaintiff alighted from the car the relation of passenger and carrier ended, and when plaintiff again boarded the car for the purpose of assaulting the conductor he was not a passenger but a trespasser, and that defendant was not liable for the conduct of the conductor towards the plaintiff while he was on the car for the purpose of assaulting the conductor, was correct. 8. Appeal and bbbor, § 1407* — when judgment not disturbed because of inadequacy of. A judgment will not be disturbed on appeal for mere inadequacy of damages awarded unless it is apparent that the verdict was the result of passion or prejudice in the jury or of errors of law by the court.

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Bluebook (online)

207 Ill. App. 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abt-v-chicago-railways-co-illappct-1917.