Buescher v. Illinois Valley Railway Co.

Appellate Court of Illinois

Buescher v. Illinois Valley Railway Co.

182 Ill. App. 568, 1913 Ill. App. LEXIS 526

CourtAppellate Court of Illinois

DecidedAugust 2, 1913

DocketGen. No. 5,818

StatusPublished

This text of 182 Ill. App. 568 (Buescher v. Illinois Valley Railway 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

Buescher v. Illinois Valley Railway Co., 182 Ill. App. 568, 1913 Ill. App. LEXIS 526 (Ill. Ct. App. 1913).

Pincite

Opinion

Mr. Presiding Justice Whitney

delivered the opinion of the court.

2. Railroads, § 593*—when instruction as to duty of railroad is erroneous. An instruction that a defendant railroad was not required to assume that a plaintiff was going to hoard a car while it was in motion and that it was not required to stop its car lest he might attempt to do so, held erroneous in view of evidence of case. 3. Instructions, § 130*—when instructions are erroneous as ignoring material facts. In an action for injuries sustained while attempting to board a railway car, instructions which select a single circumstance or point and say that that alone would not entitle plaintiff to recover, or that alone would not be negligence or that it does not matter what the fact is in regard thereto, are erroneous. 4. Carriers, § 424*—when instructions are erroneous. Where a person was injured while attempting to board a railway car, instructions stating that it did not matter what the condition of the brake was on the car or how far the car ran after the accident were erroneous, since such facts were material on the issue of negligence in boarding the car. 5. Instructions, § 7*—when errors toarrant reversal. Where the evidence is conflicting, incorrect instructions may warrant reversal.

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Mr. Presiding Justice Whitney

delivered the opinion of the court.

2. Railroads, § 593*—when instruction as to duty of railroad is erroneous. An instruction that a defendant railroad was not required to assume that a plaintiff was going to hoard a car while it was in motion and that it was not required to stop its car lest he might attempt to do so, held erroneous in view of evidence of case. 3. Instructions, § 130*—when instructions are erroneous as ignoring material facts. In an action for injuries sustained while attempting to board a railway car, instructions which select a single circumstance or point and say that that alone would not entitle plaintiff to recover, or that alone would not be negligence or that it does not matter what the fact is in regard thereto, are erroneous. 4. Carriers, § 424*—when instructions are erroneous. Where a person was injured while attempting to board a railway car, instructions stating that it did not matter what the condition of the brake was on the car or how far the car ran after the accident were erroneous, since such facts were material on the issue of negligence in boarding the car. 5. Instructions, § 7*—when errors toarrant reversal. Where the evidence is conflicting, incorrect instructions may warrant reversal.

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Bluebook (online)

182 Ill. App. 568, 1913 Ill. App. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buescher-v-illinois-valley-railway-co-illappct-1913.